Harley Dave's

Terms and Conditions of Use

User Agreement for Access to the Harley Dave's
World Wide Web Site

Harley Dave, its subsidiaries and affiliated companies (collectively referred to as "HDS") require that any visitor ("User") to its World Wide Web sites ("Site") adhere to the following rules and regulations. By accessing any Site, User indicates User's acceptance of and agreement to these terms and conditions, as amended from time to time by HDS.

General Disclaimers

This Site, including all software, functions, materials, and information, and any products or services made available through this Site, are provided "as is" without warranties of any kind, either express or implied, unless otherwise expressly stated herein. HDS disclaims all warranties express or implied, including but not limited to warranties of quiet enjoyment and non-infringement, as well as any implied warranties of merchantability or fitness for a particular purpose as to any computer programs, or the design or informational content of the Site.

HDS does not warrant or make any representations regarding operation of the Site. HDS does not warrant or make any representation regarding the validity, accuracy, or reliability of or the results of the use of the materials on the Site or any other World Wide Web resource or site linked to this Site. The materials on this Site may be out of date, and HDS makes no commitment to update the materials on this Site.

HDS does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. Company does not warrant that the Site, software, materials, products, or service will be uninterrupted or error free or that any defects in the Site or any element thereof will be corrected. Applicable law may not allow the disclaiming of implied warranties, so the above disclaimer may not apply to individual Users as it relates to implied warranties.

In no event shall HDS, its agents or affiliates, or any third parties mentioned within the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from or arising out of the use or inability to use the Site and the materials contained therein; all whether based on contract, tort, or any other legal theory, and whether or not HDS is advised of the possibility of such damages.

Links

On the Site, HDS may include links to World Wide Web sites or resources for User convenience which are not created or controlled by HDS ("Linked sites"). HDS does not endorse or accept responsibility for any such Linked site or resource User may access through HDS's Site. Linked sites are wholly independent from HDS; as a result, HDS has no control over any Products, Services, Materials, or other information contained in or available through these third-party web sites. The quality and dependability of these third-party web sites may vary as they are updated or altered. Therefore, access to any third-party web sites through HDS's Site, regardless of whether the third-party site is a Linked site or not, is entirely at the User's own risk.

Indemnity

User agrees to indemnify and hold HDS, its agents, affiliates, and assigns, harmless from and against any and all claims, losses, liability, cost, or expense (including but not limited to reasonable attorney's fees) relating to or arising from: 1) the violation or breach of these Terms and Conditions; 2) violation or infringement of any third-party's rights, including but not limited to copyrights and proprietary and privacy rights, resulting from User's breach of these Terms and Conditions; or 3) any violation of applicable federal, state, or local law, regulation, or ordinance resulting from User's breach of these Terms and Conditions.

Trademark Information

The following are Registered Trademarks of Harley Davidson Motorcycle Company

Harley Davidson®, Harley®, Road King®, Dyna®, Wide Glide®, Sportster®, Low Rider®, Heritage®, Softail®, Dyna Wide Glide®, Evolution®, Shovel Head®, Pan Head®, ShovelHead®, PanHead®, Evo®, Tour Glide®, King of the Road®, Electra Glide®, Hydra Glide®, Duo Glide®, Tour, Tour Classic®, Fat Boy®, Nostalgia®, Heritage Classic®, HD®, H-D®, Hog® - Any use of previous trademarks are purely for reference purposes and not intended as copyright infringment.

HDS's trademarks may be used or reproduced publicly only with permission from HDS. Fair use of HDS's trademarks in advertising or promotion of HDS products requires proper acknowledgment. All other brands are the property of their respective owners.

Copyright and Ownership of Materials

Except where otherwise noted, all materials, software, and information on the Site, as well as any unique visual or functional elements of the Site, are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, uploaded, posted, transmitted, or distributed in any way, in whole or in part, without HDS's prior written permission.

Additional General Terms

This Site was created, and is maintained, in the State of Florida, United States of America. HDS makes no claims that the materials contained on the Site are appropriate or may be downloaded outside of the United States. Access to the Site and the materials therein (including software) may not be legal by certain persons or in certain countries. If User accesses this Site from outside the United States, that access is made at User's own risk. User is responsible for compliance with the laws of User's jurisdiction.

Use of the Site, the Terms and Conditions of use, and all other aspects of the operation and functionality of the Site shall be governed by and construed under the laws of the State of Florida, without giving effect to its rules regarding conflicts of laws. HDS and User hereby irrevocably consent to the jurisdiction of the courts located in Florida for any action, claim, or cause arising out of or related to the use of the Site and any Products or Services obtained through the Site. If any provision of these Terms and Conditions is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not impair the validity of the remaining Terms and Conditions. No waiver of any provision of the Terms and Conditions shall be deemed a further waiver of any other provision thereof.