Wireless Text Messaging
Terms & Conditions
following terms and conditions (these “Terms & Conditions”) apply to the
texting or messaging program (the “Program”) sponsored by Kawasaki Motors
Corp., U.S.A. (“KMC”) which is more specifically described below.
Program Content. As
part of its Program, KMC will provide texts or messages and other mobile
contacts with owner/consumer content including advertisements, coupons, notice
of events, polls, contests, give-aways, downloads and other information which
may be of interest to our individual opt-in customers.
How to Participate. In
order to sign up and agree to the Program, first read and ensure you understand
these Terms & Conditions, and then opt-in through one of the methods
described in paragraph 3 below. Signing up and agreeing to participate in the
Program constitutes your agreement to these Terms & Conditions in order to
receive the requested Program texts or messages from KMC or a KMC-authorized
service provider, which will be sent to your phone via automated technology.
TEXTS OR MESSAGES WILL BE SENT TO YOU VIA AUTOMATED TECHNOLOGY (WHICH
IS SOMETIMES REFERRED TO AS AN AUTOMATIC TELEPHONE DIALING SYSTEM).
YOUR AGREEMENT TO RECEIVE THESE TEXTS OR MESSAGES THROUGH THE PROGRAM
IS NOT REQUIRED AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS OR SERVICES.
How to Opt-In. To opt-in
to the Program, you can do one of two things:
Website Opt-In. Enter
your mobile number and other information requested on the Stay Connected page
on our website. Soon after entering your number, you will receive a text message prompting
your response. Just reply YES, then hit Submit or Send, and you will be signed
Text Messaging Opt-In. Text JOIN to 868727
from your mobile phone. Shortly afterward, you will receive a text message prompting your response. Just reply
YES, then hit Submit or Send, and you will be signed up.
Text Messaging Reply Opt-In. If you are invited to join the Program by text message from KMC or
its provider, just reply YES, then hit Submit or Send, and you will be signed
How to Opt-Out. To
opt-out of the Program, you can text STOP to 868727 from your mobile phone,
reply STOP to any KMC text message or
contact the KMC Customer Relations team at 866-802-9381. If opting-out via a
STOP text message, you will receive a final opt-out confirmation text. Please
allow up to five (5) business days to process your request.
Message Frequency. Program
participants will receive an average of four (4) messages per month. KMC will
occasionally offer the option to opt-in to additional mobile messages for
specific promotions for a specified period of time.
Authorized Participation. By enrolling in the Program you certify that you are 18 years of age
or older, and are authorized (a) to enroll the designated mobile phone number
in the Program, and (b) to incur any mobile message or data charges that may be
incurred by participating in the Program. If you are not yet 18 but are at
least 13 years old, you may enroll in the Program if, and only if, your parents’
or guardians’ written permission is first submitted to KMC. No one under age
13 may enroll in the Program under any circumstances.
Privacy. To see how KMC
Location Information. You
agree that KMC may use location information (such as GPS data) from your mobile
device, and send you additional text messages based upon your location, when
you are in or near a retail location operated by a KMC authorized dealer or if
you are participating in a race, show or other event in which KMC, its
personnel or any of its sponsored race teams is participating.
For Help. If you need
help at any time or have any questions about the Program, text HELP to 868727 or
reply HELP to any text message. Alternatively, you may also call the KMC Consumer
Services line at (866) 802-9381.
Cost to Participate.
Participation in the Program is free; however, message and data rates may apply.
Check your mobile plan for details. KMC is not responsible for any messaging
or data charges, or for any related taxes, incurred by Program participants.
Carriers Supported. The
Program is currently available to customers of most wireless carriers in the
United States, including without limitation AT&T, Sprint, T-Mobile and
Verizon. Users can participate in the Program if they have the ability to send
and receive text messages on their mobile phones. Not all wireless carriers provide
the necessary service to participate with every type of mobile phone. Check
your phone capabilities for specific text messaging instructions.
No Warranties. The Program
may not be available in all areas at all times and may not continue to work in
the event of product, software, coverage or other changes made by your wireless
carrier. Accordingly, THE PROGRAM IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AND KMC HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT AND/OR THAT THE PROGRAM
WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL
COMPONENTS. Without limiting the generality of the foregoing, KMC is not
responsible for technical, hardware, software, electronic, network, telephone
or other communications malfunctions, errors or failures of any kind, errors in
transmission, traffic congestion, lost or unavailable network connections,
telephone connections, wireless phone connections, web site, Internet or ISP
availability, unauthorized human intervention, traffic congestion, incomplete
or inaccurate capture of entry information (regardless of cause) or failed,
incomplete, garbled, jumbled or delayed transmissions which may limit or
restrict your ability to send a message, including any injury or damage to your
or any other person’s wireless device relating to or resulting from
participating in the Program.
Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL KMC OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR SERVICE
PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PROGRAM
WHETHER OR NOT KMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you
are dissatisfied with the Program, any content furnished as part of the Program
or with these Terms & Conditions, your sole and exclusive remedy is to
discontinue participating in the Program. You acknowledge, by your participation
in the Program, that your use of the Program is at your sole risk.
participating in the Program, you agree to release and hold harmless KMC, its employees,
officers, directors and third party service providers, and participating
wireless carriers (collectively, the “Released Parties”) and their respective
representatives, agents, successors, assigns, employees, officers and
directors, from any and all liability, for loss, harm, damage, injury, cost or
expense whatsoever, including without limitation property damage, personal
injury and/or death which may occur in connection with the Program, and for any
claims based on violation of law or infringement or violation of any rights of
any person or entity, including without limitation violation of privacy or publicity
rights, defamation, invasion of privacy, and marketing violations. The Released
Parties are not responsible for any printing, typographical, mechanical or
other errors in promotional materials provided in connection with the Program. Participating
wireless carriers and/or each of their respective subsidiaries, affiliates,
shareholders, officers, directors, agents, representatives and employees are
not responsible for the Program, and none of them will have any liability or
responsibility for any claim arising in connection with the Program.
First Step: Informal Dispute Resolution. If any dispute arises regarding these Terms & Conditions, the
Program or KMC’s delivery of text messages via automated technology to you
(individually a “Dispute,” and collectively “Disputes”), then you and KMC agree
to send a written notice to the other providing a reasonable description of the
Dispute, along with a proposed resolution of it. KMC’s notice to you will be
sent to you based on the most recent contact information that you provided KMC
(including via text or message). If no such information exists or if such
information is not current, then KMC has no obligation under this section of
the Terms & Conditions governing Dispute Resolution (this “Dispute
Resolution Section”). Your notice to KMC must be sent to: Kawasaki Motors
Corp., U.S.A., P.O. Box 25252, Santa Ana, CA 92799-5252. For a period of sixty
(60) days from the date of receipt of notice from the other party, KMC and you
will engage in a dialogue in order to attempt to resolve the Dispute, although
nothing will require either you or KMC to resolve the Dispute on terms with
respect to which you and KMC, in each of your and KMC’s sole discretion, are
Binding Arbitration. Any
Dispute that cannot first be resolved through informal methods as described in
“First Step: Informal Dispute Resolution” of this Dispute Resolution Section
shall be submitted to binding arbitration under the Commercial Arbitration
Rules of the American Arbitration Association then in effect (the “Rules”). The
arbitral hearing shall take place in Orange County, California. After the
hearing, the arbitrator(s) shall decide the controversy and render a written
decision setting forth the issues adjudicated, the resolution thereof and the
reasons for the award. Payment of the expenses of arbitration, including the
fee of the arbitrator(s), shall be assessed by the arbitrator(s) based on the
extent to which each party prevails. Any decision rendered in such arbitration
proceedings will be final and binding on the parties, and judgment may be
entered thereon in any court of competent jurisdiction.
Federal and State Courts in Orange County,
California. Any enforcement of any arbitration
decision or award may only be instituted in a state or Federal court located in
Orange County, California. Accordingly, you and KMC consent to the exclusive
personal jurisdiction and venue of such courts for such matters to the
exclusion of any other court which otherwise might have had jurisdiction.
No Class Action Matters.
Disputes will be arbitrated only on an individual basis and will not be joined
or consolidated with any other arbitrations or other proceedings that involve
any claim or controversy of any other party. THIS MEANS YOU AND KMC AGREE THAT
EACH MAY BRING CLAIMS REGARDING SUCH DISPUTES AGAINST THE OTHER ONLY IN YOUR OR
ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. There shall be no right or
authority for any Dispute to be arbitrated on a class-action basis or on any
basis involving Disputes brought in a purported representative capacity on
behalf of the general public, or other persons or entities similarly situated. If
for any reason any court with competent jurisdiction holds that this
restriction regarding arbitration on a class-action basis is unconscionable or
unenforceable, then the Dispute must be brought exclusively in a State or
Federal court located in Orange County, California. Notwithstanding any other
provision of this Dispute Resolution Section, any and all issues relating to
the scope, interpretation and enforceability of this paragraph, including the
class action waiver provisions contained herein (described as “No Class Action
Matters” in this Dispute Resolution Section), are to be decided only by a
Federal or State Court located in Orange County, California, and not by the
Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR KMC
WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR KMC MUST COMMENCE IT
(BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN “FIRST STEP: INFORMAL DISPUTE
RESOLUTION” OF THIS DISPUTE RESOLUTION SECTION) WITHIN ONE (1) YEAR AFTER THE
DISPUTE ARISES, OR IT WILL BE FOREVER BARRED.
Revisions; Effective Date. These Terms & Conditions may change at any time and are
effective upon posting. You are bound by any such revisions, so you should
periodically check back to review the current Terms & Conditions. Remember,
you may always opt out of the Program. These Terms & Conditions were last
revised on November 5, 2013.