Terms and Conditions of Use for Kawasaki Motors Corp., U.S.A. Websites
This page states the Terms and Conditions under which you may use any of the web sites operated by Kawasaki Motors Corp., U.S.A. (the “Company”). Please read these Terms and Conditions of Use for the Company’s web sites (the “Terms and Conditions”) carefully. Any use of the Company’s web sites will constitute your acceptance of these Terms and Conditions. If you do not accept the Terms and Conditions stated here, please refrain from using any of such web sites. The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Section 1. Use of Material.
The Company authorizes you to view and download a single copy of the material on its web sites solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided from time to time on its web site as set forth in Section 6 of these Terms and Conditions. Any other special rules may be also listed on the Legal Notices page of the Company’s web sites and are incorporated into these Terms and Conditions by this reference.
The contents of the Company’s web sites, such as text, graphics, photographs, images and other material (“Material”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Material may violate copyright, trademark and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute or otherwise use the Material in any way for any public or commercial purpose.
If you violate any of these Terms and Conditions, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. Company’s Liability.
The Material may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness or timeliness of the Material or about the results to be obtained from using any of its web sites or the Material. Use of any of the Company’s web sites or the Material is at your own risk. Changes are periodically made to the Company’s web sites and may be made at any time.
THE COMPANY DOES NOT WARRANT THAT ANY OF ITS WEB SITES WILL OPERATE ERROR-FREE OR THAT THESE WEB SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF ANY OF COMPANY’S WEB SITES, THE MATERIAL OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE COMPANY’S WEB SITES, MATERIAL AND SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, ITS DEALERS AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY, ITS DEALERS AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS OR LINKS CONTAINED IN ANY OF THE COMPANY’S WEB SITES.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS DEALERS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT COMPANY’S WEB SITES 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 THE USE OR INABILITY TO USE COMPANY’S WEB SITES, THE MATERIAL AND THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication that you post to
the Company’s web sites is considered to be
non-confidential. If particular web pages permit
the submission of communications which will be
treated by the Company as confidential, that fact
posting communications to the Company’s web sites,
you automatically grant the Company a
royalty-free, perpetual, irrevocable nonexclusive
worldwide license to use, reproduce, modify,
publish, edit, translate, distribute, perform, and
display the communication alone or as part of
other works in any form, media or technology,
whether now known or hereafter developed, and to
sublicense such rights.
As an user, you are responsible for your own
communications and are responsible for the
consequences of their posting. You must not do any
of the following things: post material that is
copyrighted, unless you are the copyright owner or
have the permission of the copyright owner to post
it; post material that reveals trade secrets,
unless you own them or have the permission of the
owner; post material that infringes on any other
intellectual property rights of others or on the
privacy or publicity rights of others; post
material that is obscene, defamatory, threatening,
harassing, abusive, hateful or embarrassing to
another user or any other person or entity; post
any sexually-explicit images; post advertisements
or solicitations of business; post chain letters
or pyramid schemes; or impersonate another person.
The Company does not represent or guarantee the
truthfulness, accuracy, or reliability of any of
the communications posted by other users or
endorse any opinions expressed by users. You
acknowledge that any reliance on material posted
by other users will be at your own risk.
The Company does not screen communications in
advance and is not responsible for screening or
monitoring material posted by users. If notified
by a user of communications which allegedly do not
conform to these Terms and Conditions, the Company
may investigate the allegation and determine in
good faith and its sole discretion whether to
remove or request the removal of the
communication. The Company has no liability or
responsibility to users for performance or
nonperformance of such activities. The Company
reserves the right to expel users and prevent
their further access to its web sites for
violating these Terms and Conditions or the law
and the right to remove communications which are
abusive, illegal or disruptive.
Section 5. Links to Other Web Sites.
The Company’s web sites may contain links to
third party web sites. These links are provided
solely as a convenience to you and not as an
endorsement by the Company of the contents on such
third-party web sites. The Company is not
responsible for the content of linked third-party
sites and does not make any representations
regarding the content or accuracy of materials on
such third party web sites. If you decide to access
linked third-party web sites, you do so at your own
Section 6. Software Licenses.
All software that is made available for
downloading from any of the Company’s web sites
(“Software”) is protected by copyright and may be
protected by other rights. The use of such software
is governed by the terms of the software license
agreement or designated legal notices accompanying
such software (“License Agreement”). The downloading
and use of such software is conditioned on your
agreement to be bound by the terms of such License
Section 7. Indemnity.
You agree to defend, indemnify and hold harmless
the Company, its officers, directors, employees and
agents, from and against any claims, actions or
demands, including without limitation reasonable
legal and accounting fees, alleging or resulting
from your use of the Material (including Software)
or your breach of the Terms and Conditions. The
Company shall provide notice to you of any such
claim, suit, or proceeding and shall assist you, at
your expense, in defending any such claim, suit or
Section 8. Export Control.
The United States controls the export of products
and information. You agree to comply with such
restrictions and not to export or re-export any
Material (including Software) to countries or
persons prohibited under the export control laws. By
downloading any Material (including Software), you
are agreeing that you are not in a country where
such export is prohibited or are a person or entity
to which such export is prohibited. You are
responsible for compliance with the laws of your
local jurisdiction regarding the import, export or
re-export of any Material (including Software).
Section 9. User Information.
may use the information it obtains relating to you,
including your IP address, name, mailing address,
email address and use of any of its web sites, for
its internal business and marketing purposes and may
disclose the information to its dealers and other
third parties for such purposes.
Section 10. General.
The Company’s web sites are based in San Jose,
California. The Company makes no claims the Material
(including Software) are appropriate or may be
downloaded outside of the United States. Access to
the Material (including Software) may not be legal
by certain persons or in certain countries. If you
access the Company’s web sites from outside the
United States, you do so at your own risk and are
responsible for compliance with the laws of your
jurisdiction. These Terms and Conditions are
governed by the internal substantive laws of the
State of California, without respect to its conflict
of laws principles. If any provision of these Terms
and Conditions is found to be invalid by any court
having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the
remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. No
waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly
Notices or Software License or material on
particular web pages, these Terms and Conditions
constitute the entire agreement between you and the
Company with respect to the use of Company’s web