LEGAL POLICIES

Effective Date: January 26, 2021.

To download and/or print this Privacy Policy (“Privacy Policy”), click here.

Privacy Policy Scope

Welcome!  An overview of this Kawasaki Motors Corp., U.S.A. (“KMC”) Privacy Policy is provided below. To see the full text, click on the links.  This Privacy Policy applies to your use of any online Service (e.g., website, software, or mobile app, kiosk services, and certain e-mails we send) that posts a link to this Privacy Policy, regardless of how you access or use it.  Click here to view our Terms of Use. A Children’s Privacy Policy may be posted on applicable portions of the Service.

Your California Privacy Rights  

As of January 1, 2020, California residents have certain privacy rights detailed in our California Privacy Notice here. If there is a conflict between this Privacy Policy and the California Privacy Notice, the California Privacy Notice will control.

Quick Links

We have summarized some (but not all) of the main topics of this Privacy Policy below. The complete provisions, and not the headings or summaries, govern.

FULL KMC PRIVACY POLICY

Thank you for visiting an online service (e.g., website, software, mobile app, kiosk services, and certain e-mails we send) that posts a link to this Privacy Policy (“Service”) owned or operated by KMC (“KMC,” “we,” “us,” or “our”).  This Privacy Policy will provide you with information on how KMC collects, uses, and shares information about you, including the choices KMC offers with respect to that information, and applies to your use of any Service, regardless of how you access or use it.  It does not apply to KMC’s data collection activities offline or otherwise outside of the Service (unless otherwise stated below or at the time of collection). For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.

By visiting or otherwise using the Service, you agree to the Service’s Terms of Use and consent to KMC’s data collection, use, and disclosure practices, other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service (including any Children’s Privacy Policy).  If you do not agree and consent, please discontinue use of the Service, and uninstall any Service downloads and applications.

Table of Contents

1. INFORMATION WE COLLECT

2. HOW WE USE THE INFORMATION WE OBTAIN

3. INFORMATION WE SHARE WITH THIRD PARTIES

4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS

5. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS

6. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS

7. DATA SECURITY AND MONITORING

8. INTERNATIONAL TRANSFER

9. CHILDREN’S PRIVACY

10. ACCESSING AND CHANGING INFORMATION

11. CHOICES:  TRACKING AND COMMUNICATIONS OPTIONS

12. STATE NOTICES

13. CHANGES TO THIS PRIVACY POLICY

14. CONTACT KMC

1. INFORMATION WE COLLECT

1. Information about You that You Provide.
    

   KMC, and/or its Service Providers (defined below), may collect information you provide directly to KMC and/or its Service Providers via the Service.  For example, KMC collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact through the Service.  In addition, when you interact with Third-Party Services (defined below), you may be able to provide information to those third parties.  For more information on Third-Party Services’ data collection and practices click here. For more information on Service Provider data collection and practices click here.

    

   Information KMC, its Service Providers, and/or Third-Party Services may collect may include: (1) personally identifiable information, which is information that identifies you personally, such as your first and last name, e-mail address, phone number, shipping address, subscriber or user name and password, and full payment account number (“Personally Identifiable Information” or “PII”); and (2) demographic information, such as your gender, age, zip code, interests, and recent and upcoming purchases (“Demographic Information”).  If you participate in the Kawasaki Sales Rewards or Contingency Rewards Programs, Social Security Number (a type of PII) may also be collected to comply with applicable law.  Except to the extent required by applicable law, Demographic Information is “non-Personally Identifiable Information” or “non-PII” (i.e., data that is not Personally Identifiable Information under this Privacy Policy).  In addition, Personally Identifiable Information, including, without limitation, KMC-Collected PII (defined below), once “De-identified” (i.e., the removal or modification of the personally identifiable elements, or the extraction of non-personally identifiable elements including through anonymization, pseudonymization, and/or hashing) is also non-Personally Identifiable Information and may be used and shared without obligation to you, except as prohibited by applicable law.  However, we do not make assurances that De-identified data is not capable of re-identification. To the extent any non-Personally Identifiable Information, or PII collected outside of the Service,  is combined by or on behalf of KMC with Personally Identifiable Information KMC itself collects directly from you on the Service (“KMC-Collected PII”), KMC will treat the combined data as KMC-Collected PII under this Privacy Policy. The definition of “personal information” under certain California laws differs from the definition of PII used in this Privacy Policy. California residents can learn more about Californians’ privacy rights here.

    

2. Information Collected Automatically. KMC, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”).  Usage Information may include IP addresses, device identifiers, browser type and plug-ins, operating systems, JavaScript enabling, domain registration and configuration, geographic location, information about your use of the Service, and data regarding network connected hardware (e.g., computer or mobile device).  Except to the extent required by applicable law, or to the extent Usage Information is combined by or on behalf of KMC with KMC-Collected PII, KMC does not consider Usage Information (including, without limitation, unique device identifiers) to be Personally Identifiable Information or KMC-Collected PII.  For more information on Third-Party Services’ data collection and practices click here. For more information on Service Provider data collection and practices click here. For information on choices some of these third parties may offer you regarding automated data collection click here.
   
   The methods that may be used on the Service to collect Usage Information include:
   
   

   • Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.

      

   • Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device recognition technologies, in-app tracking methods, device and activity monitoring and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
     
     

     • Cookies

        

       A cookie is a small text file that is stored on a user’s device, which may function as session ID or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked, and as a result some features and functionalities of the Service may not work.  A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device.  HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won’t control them.  To identify certain types of local shared objects on your device and adjust your settings, please visit here.  The Service may associate some or all of these types of cookies with your devices.

        

     • Web Beacons (“Tracking Pixels”)

        

       Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.

        

     • Embedded Scripts

        

       An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from KMC’s web server, or from a third party with whom KMC works, and is active only while you are connected to the Service and deleted or deactivated thereafter.

        

     • Location-identifying Technologies

        

       GPS (Global Positioning System) software, geo-filtering, and other location-aware technologies locate you (sometimes precisely), or make assumptions about your location, for purposes such as verifying your location and delivering or restricting content based on your location.  If you have enabled GPS or use other location-based features on the Service, your device location may be tracked by us and third parties. Our store finder feature may access and use information about your device location (such as based on IP address or GPS, as applicable), or your account information, to suggest appropriate store locations.  Our Service content may be personalized based on various information we may have about you to try to provide you with more location-relevant content.

        

     • Device Recognition Technologies

        

       Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., a Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) (“Cross-device Data”).

        

     • In-App Tracking Methods

        

       There are a variety of Tracking Technologies that may be included in mobile applications, and unlike cookies, these are not browser-based and cannot be controlled by browser settings.  Some use device identifiers or other identifiers such as “Ad IDs,” or may use “SDKs” to associate app user activity to a particular app and to track user activity across apps. SDKs are blocks of code that may be installed in our mobile application by third-party companies with whom we work. SDKs help us understand how you interact with our mobile applications and collect certain information about the device and network you use to access our applications, such as the advertising identifier associated with your device and information about how you interact with our application.

        

     • Device and Activity Monitoring

        

       Technologies that monitor and may record certain of your interactions with the Service, and/or collect and analyze information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes such as identification, security, fraud prevention, troubleshooting, tracking and/or improving the Services and customizing or optimizing your experience on the Services.

      

    

   Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services and used by KMC and third parties for purposes that include delivering relevant ads and/or other content to you on the Service and certain third-party services.  See Section 11 regarding certain choices regarding these activities. 

    

   KMC is giving you notice of the Tracking Technologies and your choices regarding them explained in Section 11 so that your consent to encountering them is meaningfully informed. 

    

3. Information KMC Collects From Other Sources. KMC may also obtain information about you from other sources, including Service Providers and Third-Party Services, and combine that with KMC-Collected PII.  Notwithstanding anything to the contrary, except to the extent such data is combined by or on behalf of KMC with KMC-Collected PII, this Privacy Policy is not intended to limit KMC’s activities regarding such third-party-sourced, or non-Service-sourced, information (including Personally Identifiable Information), and such data will only be treated as KMC-Collected PII to the extend it is combined with KMC-collected PII. KMC is not responsible or liable for the accuracy of the information provided by third parties or for third party policies or practices.
   
   
4. Co-Branded Areas.  Certain areas of the Service may be provided to you in association with third parties (“Co-Branded Areas”) and may require you to disclose Personally Identifiable Information to them.  Such Co-Branded Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information.  If you elect to register for products and/or services, communicate with such third parties, or download their content or applications at Co-Branded Areas, you may be providing your information to both us and the third party.  Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Service, your Personally Identifiable Information may be disclosed to the identified third parties for that Co-Branded Area.  We are not responsible for such third party’s data collection or practices and you should look to such third-party privacy policies for more information.
   
   
5. EEOC / Affirmative Action Reporting.  In conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission (“EEOC”), the Office of Federal Contract Compliance Programs (“OFCCP”), and similar state and local regulatory agencies, we may ask you to provide us with self-identifying information (such as veteran status, gender and ethnicity).  Providing such self-identifying information is voluntary, but if you do provide us with such information, we may submit that information to the EEOC, the OFCCP, and similar state and local regulatory agencies or otherwise use or disclose it for business-related purposes, including, without limitation, responding to information requests, fulfilling regulatory reporting requirements, and defending against employment related complaints.

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2. HOW WE USE THE INFORMATION WE OBTAIN.
 
KMC may use information about you, including KMC-Collected PII and other Personally Identifiable Information, for any purposes not inconsistent with KMC’s statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following, to:

• Providing Services to you and contacting you with information about our products and services, including reports and customer notifications;

• For editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of your behavior while using the Services, for product development, for content improvement, to inform advertisers as to how many visitors have seen or clicked on their advertisements, and to customize content and layout of the Services;

• To provide communications and mailings regarding Services updates, consumer surveys, new products and services, upcoming events, and status of orders placed online;

• To structure content for you to view, for marketing purposes, to improve the performance and availability of our Services, and to provide customer support;

• To market to you, better target your interests, analyze Services usage, improve our content, and customize the Services’ content and layout;

• To help analyze our web page flow, measure promotional effectiveness and store your user preferences;

• To contact you and deliver information to you that you have requested and that is targeted to your interests;

• Process your registration, manage your account and/or handle your User Generated Content (“UGC”). (For more information on how UGC is treated under the Service’s Terms of Use click here. For more on the public nature of UGC, see Section 5);

• Fulfill other purposes disclosed at the time you provide Personally Identifiable Information or otherwise where we are legally permitted or are required to do so;

• Determine your location and manage digital content rights (e.g., territory restrictions); and

  Prevent and address fraud, breach of policies or terms, and threats or harm.

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3. INFORMATION WE SHARE WITH THIRD PARTIES.
 

KMC may share non-Personally Identifiable Information, and Personally Identifiable Information that is not deemed KMC-Collected PII hereunder (provided that KMC is aware of no restrictions of KMC’s use, if any), with third parties or KMC’s affiliates (“Affiliates”) for any purpose. Without limiting the generality of the foregoing, we and third parties may convert your Personally Identifiable Information, including KMC-Collected PII, to non-Personally Identifiable Information, including without limitation through aggregating it, hashing it or substituting a unique identifier for the Personally Identifiable Information and we and third parties may use and share that data as permitted by applicable law, including to match data attributes to and from other sources. Any such third-party activities are subject to their privacy policies and practices.  KMC’s sharing of KMC-Collected PII is, however, subject to the following:

• Marketing: Subject to your communications choices explained in Section 11.D, and the rights of California residents explained here, we may use your Personally Identifiable Information to send you marketing communications. Absent your consent, however, KMC will not share your KMC-Collected PII with third parties, other than Affiliates, for their own direct marketing purposes, except in connection with Corporate Transactions (defined below).

   

• Your Disclosure or Consent:  As more fully described in Section 5 (Information You Disclose Publicly or to Others) and Section 6 (Third-Party Content, Third-Party Services, Social Features, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your Personally Identifiable Information and your non-Personally Identifiable Information with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties.  Such third-party data receipt and collection is subject to the privacy and business practices of that third party, not KMC. 

   

KMC may also share any information about you (including, without limitation, KMC-Collected PII) for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:

• KMC’s agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to, your information, including, without limitation, Personally Identifiable Information, Demographic Information, and Usage Information, in connection with their work on KMC’s behalf, provided however, KMC does not authorize its Service Providers to use KMC-Collected PII provided by KMC to the Service Providers to send you direct marketing messages other than related to KMC and Affiliates absent your consent.  For more information on choices Service Providers may offer you click here.
  
  
• To comply with the law, law enforcement or other legal process, and, where permitted, in response to a government request such as a search warrant, subpoena or court order; and
  
  
• If KMC believes your actions are inconsistent with KMC’s terms of use, user agreements, applicable terms or policies, or to protect the rights, property, life, health, security and safety of KMC, the Service or its users, or any third party.

In addition, KMC may share your KMC-Collected Personally Identifiable Information (as well as your other Personally Identifiable Information and your non-Personally Identifiable Information), in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of KMC assets, or transfer of all or a portion of KMC’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).

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4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS.
 

KMC may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting Personally Identifiable Information.  If you voluntarily choose to enter a Promotion, your information, including Personally Identifiable Information, may be disclosed to KMC, co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy.  Please review those rules carefully.

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5. INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS.
 

The Service may permit you to post or submit UGC including, without limitation, written content, user profiles, audio or visual recordings, computer graphics, pictures, data, or other content, including Personally Identifiable Information.  If you choose to submit UGC to any public area of the Service, your UGC will be considered “public” and will be accessible by anyone, including KMC.  Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us, Personally Identifiable Information included in UGC is not subject to KMC’s usage or sharing limitations, or other obligations, regarding KMC-Collected PII or other Personally Identifiable Information under this Privacy Policy or otherwise, and may be used and shared by KMC and third parties to the fullest extent not prohibited by applicable law.  KMC encourages you to exercise caution when making decisions about what you disclose in such public areas.  For more information on how UGC is treated under the Service’s Terms of Use click here. California minors should see Section 9 regarding potential removal of certain UGC they have posted on the Service.

Additionally, the Service may offer you the option to send a communication to a friend or other contact. If so, KMC relies on you to only send to people that have given you permission to do so.  The recipient’s Personally Identifiable Information you provide (e.g., name, e-mail address) will be used to facilitate the communication, but not used by KMC for any other marketing purpose unless KMC obtains consent from that person.  Your contact information and message may be included in the communication. 

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6. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, SOCIAL FEATURES, ADVERTISING AND ANALYTICS.
 

The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps, plug-ins, application programming interfaces (“API”), and software development kits (“SDK”)), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). These Third-Party Services may use their own cookies, web beacons, and other Tracking Technology to independently collect information about you and may solicit Personally Identifiable Information from you. 

Certain functionalities on the Service permit interactions that you initiate between the Service and certain Third-Party Services, such as third-party social networks (“Social Features”).  Examples of Social Features include: enabling you to send content such as contacts and photos between the Service and a Third-Party Service; “liking” or “sharing” KMC’s content.  If you use Social Features, and potentially other Third-Party Services, information you post or provide access to may be publicly displayed on the Service (see Section 5) or by the Third-Party Service that you use. Similarly, if you post information on a third-party service that references the Service (e.g., by using a hashtag associated with KMC or Affiliates in a tweet or status update), your post may be used on or in connection with the Service or otherwise by KMC and Affiliates.  Also, both KMC and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.

KMC may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on third-party services.  Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, which may include use of precise location and/or Cross-device Data, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”). 

 
KMC may use Google Analytics, Adobe Analytics or other Service Providers for analytics services.  These analytics services may use cookies and other Tracking Technologies to help KMC analyze Service users and how they use the Service.  Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage. 
 

KMC is not responsible for, and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and encourages you to familiarize yourself with and consult their privacy policies and terms of use.  See Section 11 for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.

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7. DATA SECURITY AND MONITORING.
 

KMC takes reasonable measures to protect KMC-Collected PII (excluding public UGC) from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and KMC does not guarantee the security of your information collected through the Service.

To help protect you and others, KMC and its Service Providers may (but make no commitment to) monitor use of the Service, and may collect and use related information including KMC-Collected PII and other Personally Identifiable Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Policy, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of, and investigate and/or seek prosecution for, any potential threats to or misuse of the Service; ensure compliance with the Terms of Use and this Privacy Policy; investigate violations of or enforce these documents; improve the Services and your Services experiences, and to protect the rights and property of KMC and Affiliates, third parties, and other users.  Monitoring may result in the collection, recording, and analysis of online activity or communications through our Service.  If you do not consent to these conditions, you must discontinue your use of the Service.

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8. INTERNATIONAL TRANSFER.
 

The Services are operated in the United States. Given that KMC is part of an international family of businesses, our use of your information may involve the transmission of data on an international basis. This Service is not intended to collect Personal Information from, and is not intended for use by, residents of the European Union, EEA, and Switzerland, and KMC’s data collection processes are not designed to facilitate the use or storage of such information. Accordingly, the information KMC and its Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S.  Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personally Identifiable Information, in the U.S. as set forth in this Privacy Policy.

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9. CHILDREN’S PRIVACY.
 

The Service is intended for a general audience and not directed to children less than 13 years of age. Some portions of the Service, however, may be intended as appropriate for a mixed audience of users under and over 13 years of age, or for users under 13 years of age (e.g., a separate ‘Kids” section).  For further information on how KMC treats Children’s Personal Information (defined below) in connection with any children’s or mixed-use portions of the Service (if any), please see the Children’s Privacy Policy posted thereon, which will be deemed incorporated herein for purposes of that part of the Service.

KMC does not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA, and for any children’s or mixed use portions of the Service (if any) KMC will comply with COPPA.  If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA. 

Any California residents under the age of eighteen (18) who have registered to use the Service, and who posted content or information on the Service, can request removal by contacting KMC here, detailing where the content or information is posted and attesting that they posted it.  KMC will then make reasonable, good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that KMC does not control.

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10. ACCESSING AND CHANGING INFORMATION.
 

KMC may provide web pages or other mechanisms allowing you to delete, correct, or update some of the KMC-Collected PII, and potentially certain other information about you (e.g., profile and account information).  KMC will make good faith efforts to make requested changes in KMC’s then-active databases as soon as practicable, but it is not always possible to completely change, remove, or delete all of your information or public postings from KMC’s databases (California minors see Section 9) and residual and/or cached data may remain archived thereafter.  Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.

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11. CHOICES:  TRACKING AND COMMUNICATIONS OPTIONS.

1. Tracking Technologies Generally. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings.  Browsers offer different functionalities and options, so you may need to set them separately.  Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies.  For information on disabling Flash cookies, go to Adobe’s website http://helpx.adobe.com/flash-player/kb/disable-third-party-local-shared.html.  Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations. 
    
   Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app.  To uninstall an app, follow the instructions from your operating system or handset manufacturer.  Apple and Google mobile device settings have settings to limit ad tracking, and other tracking, but these may not be completely effective.
    

   Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit.  Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context.  Like many online services, KMC currently does not alter KMC’s practices when KMC receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit http://www.allaboutdnt.com, but KMC is not responsible for the completeness or accuracy of this third-party information.  Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser (www.ghostery.com), which according to Ghostery will display traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies.  KMC is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms.   For specific information on some of the choice options offered by third-party analytics and advertising providers, see the next section.

    

2. Analytics and Advertising Tracking Technologies. You may exercise choices regarding the use of cookies from Google Analytics by going here or downloading the Google Analytics Opt-out Browser Add-on.  You may exercise choices regarding the use of cookies from Adobe Analytics by going here under the section labeled “Tell our customers not to measure your use of their web sites or tailor their online ads for you.”
    

   You may choose whether to receive some Interest-based Advertising by submitting opt-outs.  Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising.  To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit here, and here for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads).  Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, visit here.  Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads.  Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks).  Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile apps), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.  KMC supports the ad industry’s Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks KMC directly engages to serve you Interest-based Advertising will do so as well, though KMC cannot guaranty their compliance. KMC is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. 

    

   In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our databases (“Matched List Ads”).  This is done by using Tracking Technologies or by matching common factors between our databases and the databases of the third-party services.  For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services.  We are not responsible for these Third-Party Services, including without limitation their security of the data.  If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad, or go to your account settings, and find out what options Facebook offers you to control such ads.  If we use Twitter Matched List Ads, you should be able to review your ad options in account settings on Twitter.  We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.

    

3. Mobile Apps. With respect to KMC’s mobile applications (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app.  Also, you may exercise specific privacy choices, such as enabling or disabling certain features (e.g., location-based services, push notifications, etc.), by adjusting the permissions in your mobile device and/or the app’s settings. Beware that if GPS precise location services are disabled, other means of establishing or estimating location (e.g., connecting to or proximity to WiFi, Bluetooth, beacons, or our networks) may persist. To learn more about how you can control location permissions using your mobile device’s operating system settings, please visit the following links depending on which device you use:
    
   Android:
   For Android 6.0 and above:
   - Visit here
   For earlier versions of Android:
   - Visit here
   iOS:
   - Visit here
    

4. Communications. You can opt out of receiving certain promotional communications (emails or text messaging) from KMC at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available, by changing your communication preferences by logging onto your account; and (ii) for app push notifications, turning off push notifications on the settings of your device and/or the app, as applicable.  Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions.  If you opt-out of only certain communications, other subscription communications may continue.  Even if you opt out of receiving promotional communications, KMC may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or KMC’s ongoing business relations. 

    

5. Cross-Device Data.  To learn more about how you can exercise certain choices regarding Cross-device data for Interest-based Advertising, see the prior section regarding the DAA’s Interest-based Advertising choices. 

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12. STATE NOTICES.

1. Nevada Residents.  Nevada “consumers” have the right to instruct us not to “sell” “covered information” as those terms are defined by Chapter 603A of the Nevada Revised Statutes. Although we do not currently “sell” “covered information” of Nevada “consumers” as those terms are defined under that law, you may contact us here and provide your name, Nevada resident address, and email address to be verified and exercise your opt-out rights in the event we do sell covered information under that law in the future. If you change your email address or other contact information, contact us in the same manner to update your contact information to help facilitate your opt-out. Changing your contact information elsewhere (e.g., informational requests, account information, etc.) will not update your Nevada opt-out information and we will only use the information provided to our opt-out program for managing opt-outs.  It is your responsibility to keep your opt-out information current. If after opting-out you direct us to share your covered information with others, we will do so regardless of your prior opt-out.

    

2. Your California Privacy Rights.

    

   Residents of California have additional rights explained here.

    

3. Connecticut Privacy Notice.  Connecticut law requires any person or entity that collects Social Security numbers from Connecticut residents in the course of business to create a privacy protection policy and to publish or display it publicly.  It is our policy to protect the confidentiality of Social Security numbers in our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure.  Unlawful disclosure of Social Security numbers is prohibited, and access to them is limited to personnel who need access to such information in order to perform their job functions.

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13. CHANGES TO THIS PRIVACY POLICY.
 

We reserve the right to change this Privacy Policy prospectively, effective upon the posting of the revised Privacy Policy, and your use of our Service indicates your consent to the privacy policy posted at the time of use.  However, we will not treat your previously collected KMC-Collected PII, to the extent it is not collected under the new privacy policy, in a manner materially different than represented at the time it was collected without your consent. If you have a subscription to a Service, material changes to the Privacy Policy will only become effective with respect to the aspect of that subscription Service at the end of the then current term unless you otherwise consent.  To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision(s) shall be severed to the extent necessary for the remainder to be valid and enforceable.

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14. CONTACT KMC.
 

If you have any questions about this Privacy Policy, please contact KMC here or at Kawasaki Motors Corp., U.S.A., P.O. Box 25252, Santa Ana, California 92799-5252  (Attention: General Counsel).

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Kawasaki Motors Corp., U.S.A. California Privacy Notice

Effective Date: As of January 1, 2021

This notice reflects our good faith understanding of the law and our data practices as of the date posted (set forth above), but the CCPA’s implementing regulations recently became final and there remain differing interpretations of the law. Accordingly, we may from time-to-time update information in this and other notices regarding our data practices and your rights, modify our methods for responding to your requests, and/or supplement our response to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.

This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act, together with the regulations thereunder, (“CCPA”) as a supplement to Kawasaki Motors Corp., U.S.A.’s (“KMC,” “Company,” “us,” “we,” or “our”) other privacy policies or notices. In the event of a conflict between any other Company policy, statement or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA. Please see also any general privacy policy or notice posted or referenced on our websites, apps, products, or services including, without limitation, www.kawasaki.com, www.kawasakisalesrewards.com, www.kawasakienginesusa.com, kpp.kawasaki.com, www.kawasaki-research.com, or as otherwise relates to our products or services.

Sections 1 and 2 of this Notice cover our Collection, use, disclosure, and sale of California Consumers’ “Personal Information” (“PI”) as defined by the CCPA, except to the extent such PI is exempt from the notice obligations of the CCPA for the twelve months preceding the Effective Date. This Notice also covers rights California Consumers have under the CCPA, as well other notices to Californians required by other laws. The description of our data practices in Section 1 and Section 2 of this Notice, as required by the CCPA, covers only calendar year 2020 and will be updated annually. Our practices in calendar year 2021 may differ. However, if materially different from this Notice we will provide pre-Collection notice of the current practices, which may include reference to our general privacy policy or other applicable privacy notices, which will reflect current practices. Section 3 of this Notice explains the rights available to California Consumers.

Consistent with the CCPA, job applicants, current and former employees and independent contractors (“Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered “Consumers” for purposes of this California Privacy Notice or the rights described herein. However, our Personnel may obtain a separate privacy notice that is applicable to them by contacting our Human Resources department. Publicly available information is also not treated as PI under the CCPA, so this notice is not intended to apply to that data and your Consumer privacy rights do not apply to that data.

To aid in readability, in some places we have abbreviated or summarized CCPA terms or language, but a full copy of the CCPA is available here at Title 1.81.5 of the California Civil Code, Sections 1798.100 - .199 for your review, and in some places in this Notice we cite to specific CCPA sections for your reference. Capitalized terms used but not defined herein, shall have the meanings ascribed to such terms in the CCPA, as applicable.

Table of Contents

1. Collection and Use of PI
   
   1. Sources of PI
      
   2. Use of PI
2. Sharing of PI
   
3. California Privacy Rights
   
   1. The Right to Know
      
      • Categories
      • Specific Pieces
   2. Do Not Sell
   3. Delete
   4. Non-Discrimination and Financial Incentive Disclosures
      
      • Kawasaki Rewards Program Financial Incentive Notices
   5. Authorized Agents
   6. Exceptions
4. Additional California Notices
   
   1. Third Party Marketing and Your California Privacy Rights
   2. Online Privacy Practices
      
      • Tracking and Targeting
      • California Minors
   3. eCommerce
5. Contact Us

1. Collection and use of PI.
   Based on our 2020 data practices, we are giving you notice that we Collect the following types of PI about California Consumers, dependent upon how you have interacted with us, and use and share it as set forth below. This notice will be updated annually, and our current privacy notices at the point of Collection, as well as our general privacy policies, may reflect more current practices.
   
   

   Category of PI	Examples of PI
   1. Identifiers (as defined in CCPA §1798.140(o)(1)(A))	This may include, but is not limited to: a real name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, or other similar identifiers.
   2. Personal Records (as defined in CCPA §1798.140(o)(1)(B))	This may include, but is not limited to: signature, telephone number, bank account number, credit card number, or debit card number.
   3. Personal Characteristics or Traits (as defined in CCPA §1798.140(o)(1)(C))	This may include, but is not limited to: citizenship status, age, sex, marital status, veteran status, race, gender identity and gender expression.
   4. Customer Account Details / Commercial Information (as defined in CCPA §1798.140(o)(1)(D))	This may include, but is not limited to: records of personal property, products or services purchased, obtained, or considered, VIN (Vehicle Identification Number), or other purchasing or consuming histories or tendencies.
   5. Internet Usage Information (as defined in CCPA §1798.140(o)(1)(F))	This may include, but is not limited to: browsing history, search history, and information regarding your interaction with an Internet Web site, application, or advertisement.
   6. Geolocation Data (as defined in CCPA §1798.140(o)(1)(G))	This may include, but is not limited to: precise physical location or movements and travel patterns.
   7. Sensory Data (as defined in CCPA §1798.140(o)(1)(H))	This may include, but is not limited to: audio recordings of customer care calls, visual, or similar information.
   8. Professional or Employment Information (as defined in CCPA §1798.140(o)(1)(I))	This may include, but is not limited to: Company name, office location, job title/role, personnel number, or other similar professional or employment-related information.
   9. Non-public Education Records (as defined in CCPA §1798.140(o)(1)(J))	This may include, but is not limited to: education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, education or training history, educational degrees, or other similar information.
   10. Inferences from PI Collected (as defined in CCPA §1798.140(o)(1)(K))	This may include, but is not limited to: creating a profile about a Consumer reflecting the Consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, abilities, and aptitudes.

   
   

   The chart above reflects the categories of PI required by the CCPA. There may be additional information that we Collect that meets the CCPA’s definition of PI but is not reflected by a category, in which case we will treat it as PI as required by the CCPA, but will not include it when we are required to describe our practices by category of PI.
   
   

   As permitted by applicable law, we do not treat Deidentified data or Aggregate Consumer Information as PI and we reserve the right to convert, or permit others to convert, your PI into Deidentified data or Aggregate Consumer Information, and may elect not to treat publicly available information as PI. We have no obligation to re-identify information or keep it longer than we need it to respond to your requests.
   
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   1. Sources of PI.
      
      We may Collect your PI directly from you or from members of KMC’s independent dealer network, joint marketing partners, contractors or consultants, vendors, Third Parties (e.g., data brokers, background check services), distributors, our affiliates, or other individuals and businesses, as well as public sources of data such as consumer reporting agencies or recruiters or talent agencies.
      
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   2. Use of PI.
      
      Generally, we Collect, retain, use, and share your PI to provide you services and as otherwise related to the operation of our business. For more detail on our disclosures and sale of PI, see the next section Sharing of PI.
      
      We may Collect, use, and share the PI we Collect for one or more of the following Business Purposes:
      
      
      • Processing Interactions and Transactions
      • Managing Interactions and Transactions
      • Performing Services
      • Research and Development
      • Quality Assurance
      • Security
      • Debugging
      
      

      Additional Business Purposes include sharing PI with Third Parties for other than a sale or one of the foregoing Business Purposes as required or permitted by applicable law, such as to our vendors that perform services for us, to the government or private parties to comply with law or legal process, to the Consumer or other parties at the Consumer’s request, for the additional purposes explained in our online Privacy Policy, and to assignees as part of a merger or asset sale (“Other Business Purposes”).
      
      

      Subject to restrictions and obligations of the CCPA, our vendors may also use your PI for some or all of the above listed Business Purposes. Our vendors may themselves engage services providers or subcontractors to enable them to perform services for us, which sub-processing is, for purposes of certainty, an additional Other Business Purpose for which we are providing you notice.
      
      

      We may Collect and use your PI for commercial purposes, such as for interest-based advertising, cookie usage, and other marketing purposes.

       

      In addition, we may Collect, retain, and use PI for the purpose of sharing it as set forth in the next section.  

      
      

   
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2. Sharing of PI:
   
   We may disclose your PI to a Service Provider for a Business Purpose, or with Third Parties for Other Business Purposes. In calendar year 2020, our sharing of PI was as follows:
   
   

   Category of PI	Categories of Recipients
   Identifiers	Business Purpose Disclosure: · Analytics Providers · Business-to-Business Customers · External Marketing and Advertising Agencies · External Auditors · Public Authorities/Government Bodies In addition, we place, and allow certain Third Parties to place, cookies or pixels on our websites and other online services which collect Identifiers from or about you or your device for the purpose of operating websites and online services and for serving you with relevant content and advertisements about our products.
   Personal Records	Business Purpose Disclosure: · Analytics Providers · Business-to-Business Customers · External Marketing and Advertising Agencies · External Auditors · Public Authorities/Government Bodies Sale: Not Sold
   Personal Characteristics or Traits	Business Purpose Disclosure: · Analytics Providers · Business-to-Business Customers · External Marketing and Advertising Agencies · External Auditors · Public Authorities/Government Bodies Sale: Not Sold
   Customer Account Details / Commercial Information	Business Purpose Disclosure: · Analytics Providers · Business-to-Business Customers · External Marketing and Advertising Agencies · External Auditors · Public Authorities/Government Bodies Sale: Not Sold
   Internet Usage Information	Business Purpose Disclosure: · Analytics Providers · External Marketing and Advertising Agencies In addition, we place, and allow certain Third Parties to place, cookies or pixels on our websites and other online services which collect Identifiers from or about you or your device for the purpose of operating websites and online services and for serving you with relevant content and advertisements about our products.
   Geolocation Data	Business Purpose Disclosure: · Analytics Providers · External Marketing and Advertising Agencies Sale: Not Sold
   Sensory Data	Business Purpose Disclosure: · Analytics Providers · External Marketing and Advertising Agencies Sale: Not Sold
   Inferences from PI Collected	Business Purpose Disclosure: · Analytics Providers · External Marketing and Advertising Agencies Sale: Not Sold

   
   
   

   We do not believe that in 2020 we “Sold” your PI as such is defined under the CCPA and will not Sell your PI Collected by us during a period in which we did not offer you the opportunity to opt-out of a Sale unless we first obtain your affirmative consent to do so. We note, however, that there is not yet a consensus regarding how website cookies and online tracking technologies, and the data they collect and share, should be treated under the CCPA.

   
   We do not believe that such activities are a Sale by us of your Personal Information; however, see the Do Not Sell section in the California Privacy Rights Section at Section 3.B below for more information on how we reach this conclusion and what ways we provide you with information and choices regarding cookies on our website and online services.
   
   For more information on how to exercise your do not sell rights, click here.
   
   

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3. California Privacy Rights.
   
   

   We may, from time-to-time, update information in our notices regarding our data practices and your rights, modify our methods for you to make and for us to respond to your requests, and/or supplement our response(s) to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices.
   
   

   We provide California Consumers the privacy rights described in this section. You have the right to exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations. As permitted by the CCPA, any request you submit to us is subject to an identity verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information, such as your name, email address, phone number and an address associated with your account, for us to reasonably verify you are the Consumer about whom we Collected PI. Please follow the instructions at our Consumer Rights Request page here and respond to any follow up inquires we may make.
   
   

   Some PI we maintain about Consumers is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI when a Consumer request that requires verification pursuant to the CCPA’s verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA we do not include that PI in response to those requests. If we cannot comply with a request, we will explain the reasons in our response. You are not required to create a password-protected account with us to make a Verifiable Consumer Request. We will use PI provided in a Verifiable Consumer Request only to verify your identity or authority to make the request and to track and document request responses unless you also gave it to us for another purpose.
   
   

   We will make commercially reasonable efforts to identify Consumer PI that we Collect, process, store, disclose and otherwise use and to respond to your California Consumer privacy rights requests. In some cases, particularly with voluminous and/or typically irrelevant data, we may suggest that you receive the most recent or a summary of your PI and give you the opportunity to elect whether you want the rest or not. We reserve the right to direct you to where you may access and copy responsive PI yourself. We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome. If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request.
   
   

   Consistent with the CCPA and our interest in the security of your PI, in response to a CCPA request, we will not provide you with access to or copies of sensitive personal information such as government identification or financial account numbers, driver’s license number, passwords or answers to security questions or biometric identifiers; provided, however, that we will inform you if we maintain any such applicable types of PI. We are also not required to search for PI not maintained in a searchable or reasonably accessible format that is used for internal purposes only, or other PI where the request is excessive, repetitive, unfounded or overly burdensome.
   
   

   Your CCPA privacy rights are as follows:
   
   

   1. The Right to Know

    

   1. • Categories
        
        You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
        
        
        • The categories of PI we have Collected about you.
        • The categories of sources from which we Collected your PI.
        • The business or commercial purposes for our Collecting or Selling your PI.
        • The categories of Third Parties to whom we have shared your PI.
        • A list of the categories of PI disclosed for a Business Purpose in the prior 12 months and, for each, the categories of recipients, or that no disclosure occurred.
        • A list of the categories of PI Sold about you in the prior 12 months and, for each, the categories of recipients, or that no sale occurred.
        
        

        For your specific pieces of information, as required by the CCPA, we will apply the heightened verification standards set forth in the subsection immediately below.
        
        If you are disabled and need special accommodation, please let us know by contacting us over the phone toll-free at (855) 976-2844, email us here, or contact us by mail at Kawasaki Motors Corp., U.S.A., 26972 Burbank, Foothill Ranch, CA 92610 (Attention: General Counsel). Likewise, to make a request, follow the instructions at our Consumer Rights Request page here, email us here, or call us at (855) 976-2844. Whichever method you use, you will be asked to provide your name, email address, location of residency, and request details. A confirmation email will be sent to the email address you provided to verify your identity.
        
        

        In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the Consumer we may have Collected personal information about or a person who has been duly authorized to make the request on behalf of the Consumer. You are not required to create a password-protected account with us to make a Verifiable Consumer Request. If you do not have a password-protected account, we are required to verify a Consumer’s request to know categories of PI to a reasonable degree of certainty, which may include matching at least two data points provided by the Consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the Consumer. If you fail to do so we will be unable to verify you sufficiently to honor your request. The information you send for us to verify your identity will be used for this purpose only.
        
        

        Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back twelve (12) months prior to the request.
        
        

      • Specific Pieces
        
        

        You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have Collected in the period that is twelve (12) months prior to the request date and are maintaining.
        
        

        If you are disabled and need special accommodation, please let us know by contacting us over the phone toll-free at (855) 976-2844, email us here, or contact us by mail at Kawasaki Motors Corp., U.S.A., 26972 Burbank, Foothill Ranch, CA 92610 (Attention: General Counsel). Likewise, to make a request, follow the instructions at our Consumer Rights Request page here, email us here, or call us at (855) 976-2844. Whichever method you use, you will be asked to provide your name, email address, location of residency, and request details. A confirmation email will be sent to the email address you provided to verify your identity.
        
        In order for us to address your request, we first need to verify your identity, meaning that we need to make sure that you are the Consumer we may have Collected personal information about or a person who has been duly authorized to make the request on behalf of the Consumer. You are not required to create a password-protected account with us to make a Verifiable Consumer Request, but you may use your password-protected account to do so. If you do not have a password-protected account, we are required to verify a Consumer’s request to know specific pieces of PI to a reasonably high degree of certainty, which may include matching at least three (3) data points provided by the Consumer with data points maintained by us, which we have determined to be reliable for the purpose of verifying the Consumer, and may require a declaration under penalty of perjury that the requestor is the Consumer whose personal information is the subject of the request. If you fail to provide the data points, we will be unable to verify you sufficiently to honor your request. The information you send for us to verify your identity will be used for this purpose only.
        
        

        Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back twelve (12) months prior to the request.
        
        

   2. Do Not Sell
      
      

      We do not believe that we “Sell” your PI as such is defined under the CCPA and will not Sell your PI we Collected during a period in which we did not offer you the opportunity to opt-out of a Sale unless we first obtain your affirmative consent to do so. Therefore, we reserve the right to Sell in the future, and accordingly you can opt-out of future Sale by following the instructions at our Consumer Rights Request page here.
      
      

      Although there is not yet a consensus, we do not believe that the collection of data by third-party cookies on our website and online services is a Sale of your Personal Information by us. Accordingly, we do not offer you a Do Not Sell option that would limit data collection and sharing by third-party cookies. However, we provide the option to opt-out of such collection and use of your PI if you exercise cookie preferences in the cookie preference center available on our online services where such activities occur.
      
      In addition, this section explains how you can exercise control over cookies in other ways, essentially opting out of their data collection, and in some cases provide certain opt-outs directly to cookie operators.
      
      To manage your cookie preferences, click “Manage Cookies Preferences” in the footer of the website. There you can exercise your choice to toggle off categories of cookies (where applicable) that are not Strictly Necessary. In addition, you can exercise control over browser-based cookies by adjusting the settings on your browser, and mobile devices may offer ad and data limitation choices, and third-party tools may enable you to search for and opt-out of some of these trackers, such as the Ghostery browser plug-in available at www.ghostery.com. For more information on cookies and your choices regarding them, including how to opt-out of certain interest-based advertising, see our online privacy policies on our websites. You can also learn more about how to exercise certain choices regarding cookies and interest-based advertising at  www.aboutads.info/choices/, www.aboutads.info/appchoices, and www.networkadvertising.org/choices/.
      
      

      We do not represent that these third-party tools, programs or statements are complete or accurate. Clearing cookies or changing settings may affect your choices and you may have to opt-out separately via each browser and other device you use. Cookie-enabled opt-out signals may no longer be effective if you delete, block or clear cookies. We are not responsible for the completeness, accuracy or effectiveness of any third-party notices or choices.
      
      

      You may alternatively exercise more limited control of your PI (such as unsubscribing from Kawasaki Stay Connected Emails) by instead exercising one of the following options: emailing us here or calling us at (855) 976-2844.
      
      

      Some browsers have signals that may be characterized as do-not-track signals, but we do not understand them to operate in that manner or to indicate a do-not-sell expression by you; therefore, we currently do not recognize these as a do not sell request. Further, there is not currently a consensus as to how various user-enabled privacy or “do-not-track” signals or settings should be treated or what they mean, so we will not look for or respond to any that are not expressly listed here as programs in which we participate or otherwise accept, which may change as programs evolve. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.
      
      

      We do not knowingly sell the PI of Consumers under the age of 16.
      
      

      We may disclose your PI for the following purposes, which are not a sale: (i) if you direct us to share PI; (ii) to comply with your requests under the CCPA; (iii) disclosures amongst the entities that constitute Company as defined above, or as part of a merger or asset sale; and (iv) as otherwise required or permitted by applicable law.

      
      
   3. Delete.
      
      

      Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have Collected directly from you and are maintaining. Our retention rights include, without limitation:
      
      

      • to complete transactions and service you have requested or that are reasonably anticipated;
      • warranty purposes;
      • for security purposes; and
      • for legitimate internal Business Purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement.

      
      Note also that we are not required to delete your PI that we did not Collect directly from you.
      
      

      If you are disabled and need special accommodation, please let us know by contacting us over the phone toll-free at (855) 976-2844, email us here, or contact us by mail at Kawasaki Motors Corp., U.S.A., 26972 Burbank, Foothill Ranch, CA 92610 (Attention: General Counsel). Likewise, to make a request, follow the instructions at our Consumer Rights Request page here, email us here, or call us at (855) 976-2844. Whichever method you use, you will be asked to provide your name, email address, location of residency, and request details. A confirmation email will be sent to the email address you provided to verify your identity. To the extent that we are able to sufficiently verify your identity and have a basis for retaining some of the PI you requested that we delete, we will explain the basis for the retention and will only retain it for such purpose and for so long as the retention purpose continues to exist.
      
      

      In order for us to look into your request, we first need to verify your identity, meaning that we need to make sure that you are the Consumer we may have Collected personal information about or a person who has been duly authorized to make the request on behalf of the Consumer. You are not required to create a password-protected account with us to make a Verifiable Consumer Request, but you may use your password-protected account to do so. If you do not have a password-protected account, we are required to verify a Consumer’s request to delete to a reasonable degree of certainty, which may include matching at least two data points provided by the Consumer with data points maintained by us, or to a reasonably high degree of certainty, which may include matching at least three data points provided by the Consumer with data points maintained by us, depending on the sensitivity of the PI and the risk of harm to the Consumer posted by unauthorized deletion. If you fail to provide the data points we will be unable to verify you sufficiently to honor your request. The information you send for us to verify your identity will be used for this purpose only.
      
      

   4. Non-Discrimination and Financial Incentive Disclosures
      
      This Non-Discrimination and Financial Incentive Disclosure applies to the loyalty and rewards programs run by KMC. KMC operates various rewards programs, including the Kawasaki Team Green™ Racer Rewards (contingency) Program (the “Racer Rewards Program”), the Kawasaki Racer Support Program (the “Racer Support Program”), the Kawasaki Team Green KX Racer Support Program (the “KX Racer Program”), and the Kawasaki Team Green Ninja ZX Racer Support Program (the “ZX Racer Program”) (collectively, the “Programs”). A separate notice for each Program follows below. We may add or change programs and/or their terms by posting notice on the program descriptions, so check them regularly. We will not discriminate against you if you exercise any of the rights provided by the CCPA. You can opt-out of non-Program marketing emails, or delete your Personal Information from our active marketing lists, and still retain your Program account and benefits.
      
             Kawasaki Rewards Program Financial Incentive Notices
      
      

      1. Kawasaki Team Green™ Racer Rewards (contingency) Program (“Racer Rewards Program”)
         
         

         Participating in the Racer Rewards Program is entirely optional, but is subject to its terms and conditions. A condition of program participation is maintaining a debit card account with MasterCard, and that account may be governed by its own terms and conditions. You must opt-in by signing up for a Racer Rewards Program account here.
         
         The Racer Rewards Program Collects Personal Information, including Identifiers, Personal records, Commercial information, Online usage information, Inferences from program data, and other PI, to facilitate its operations and provide Program benefits.
         
         

         We treat the value of any Personal Information Collected through the Racer Rewards Program as the equivalent of total program operating expenses (excluding the value of member benefits, such as prizes, awards, rebates, and merchandise). In addition, we value the benefits of the Racer Rewards Program as the value of prizes, awards, rebates, and merchandise, which varies from year-to-year, as outlined in the Program terms.
         
         

         California Consumers may make a Personal Information deletion request under the CCPA, and will be sent an email confirming that they want to delete their Racer Rewards Program data and allowing them to suspend that process. You may also terminate Program participation at any time, as explained in the Program Terms, or by emailing us here. Upon a termination request, some Program data associated with the terminated account may be retained for recordkeeping, tax reporting, and/or other legally permissible purposes. Terminating the account and making a deletion request thereafter will not affect any already-issued Kawasaki Prepaid MasterCards.
         
         

      2. Kawasaki Racer Support Program (“Racer Support Program”)
         
         Participating in the Racer Support Program is entirely optional, but is subject to its terms and conditions. A condition of program participation is maintaining a debit card account with MasterCard, and that account may be governed by its own terms and conditions. You must opt-in by signing up for a Racer Support Program account here.
         
         The Racer Support Program Collects Personal Information, including Identifiers, Personal records, Commercial information, Online usage information, Inferences from program data, and other PI, to facilitate its operations and provide you Program benefits.
         
         We treat the value of any Personal Information Collected through the Racer Support Program as the equivalent of total program operating expenses (excluding the value of member benefits such as prizes, awards, rebates, and merchandise). In addition, we value the benefits of the Racer Support Program as the value of prizes, awards, rebates, and merchandise, which varies from year-to-year, as outlined in the Program terms.
         
         

         California Consumers may make a Personal Information deletion request under the CCPA, and will be sent an email confirming that they want to delete their Racer Rewards Program data and allowing them to suspend that process. You may also terminate Program participation at any time, as explained in the Program Terms, or by emailing us here. Upon a termination request, some Program data associated with the terminated account may be retained for recordkeeping, tax reporting, and/or other legally permissible purposes. Terminating the account and making a deletion request thereafter will not affect any already-issued Kawasaki Prepaid MasterCards.
         
         

      3. Kawasaki Team Green™ KX™ Racer Support Program (“KX Racer Program”)
         
         Participating in the KX Racer Program is entirely optional, but is subject to its terms and conditions. A condition of program participation is maintaining a debit card account with MasterCard, and that account may be governed by its own terms and conditions. You must opt-in by signing up for a KX Racer Program account here.
         
         The KX Racer Program Collects Personal Information, including Identifiers, Personal records, Commercial information, Online usage information, Inferences from program data, and other PI, to facilitate its operations and provide you Program benefits.
         
         We treat the value of any Personal Information Collected through the KX Racer Program as the equivalent of total program operating expenses (excluding the value of member benefits such as prizes, awards, rebates, and merchandise). In addition, we value the benefits of the KX Racer Program as the value of prizes, awards, rebates, and merchandise, which varies from year-to-year, as outlined in the Program terms.
         
         California Consumers may make a Personal Information deletion request under the CCPA, and will be sent an email confirming that they want to delete their KX Racer Program data and allowing them to suspend that process. You may also terminate Program participation at any time, as explained in the Program Terms, or by emailing us here. Upon a termination request, some Program data associated with the terminated account may be retained for recordkeeping, tax reporting, and other legally permissible purposes. Terminating the account and making a deletion request thereafter will not affect any already-issued Kawasaki Prepaid MasterCards.
         
         
      4. Kawasaki Team Green™ Ninja® ZX Racer Support Program (“ZX Racer Program”)
         
         Participating in the ZX Racer Program is entirely optional, but is subject to its terms and conditions. A condition of program participation is maintaining a debit card account with MasterCard, and that account may be governed by its own terms and conditions. You must opt-in by signing up for a ZX Racer Program account here.
         
         The ZX Racer Program collects Personal Information, including Identifiers, Personal records, Commercial information, Online usage information, Inferences from program data, and other PI, to facilitate its operations and provide you Program benefits.
         
         We treat the value of any Personal Information Collected through the ZX Racer Program as the equivalent of total program operating expenses (excluding the value of member benefits such as prizes, awards, rebates, and merchandise). In addition, we value the benefits of the ZX Racer Program as the value of prizes, awards, rebates, and merchandise, which varies from year to year, as outlined in the Program terms.
         
         California Consumers may make a Personal Information deletion request under the CCPA, and will be sent an email confirming that they want to delete their ZX Racer Program data and allowing them to suspend that process. You may also terminate Program participation at any time, as explained in the Program Terms, or by emailing us here. Upon a termination request, some Program data associated with the terminated account may be retained for recordkeeping, tax reporting, and other legally permissible purposes. Terminating the account and making a deletion request thereafter will not affect any already-issued Kawasaki Prepaid MasterCard.
         
         
   5. Authorized Agents
      
      Authorized Agents of Consumers may make a request by visiting us here or calling (855) 976-2844. You may designate an agent to exercise your CCPA rights on your behalf. To exercise your rights via an agent, your agent must (1) provide a power of attorney document under California Probate Code Sections 4000 to 4465; or (2) submit a written authorization of his or her authority to act on your behalf. If your agent is a corporate entity, the agent must also provide a Certificate of Good Standing from the California Secretary of State. Once such authorization is submitted, you will receive an email at your email address asking you to verify the agent’s authority to submit a Consumer Rights Request on your behalf.
      
      
   6. Exceptions
      
      Notwithstanding anything to the contrary, we may Collect, use, and disclose your PI as required or permitted by applicable law, and this may override your CCPA rights. In addition, we need not honor any of your requests to the extent that doing so would infringe upon our or any other person or party’s rights or conflict with applicable law. Further, to protect your privacy and security we will not provide you with access to or copies of sensitive PI, if Collected, such as government identification or financial account numbers, passwords or answers to security questions or biometric identifiers; provided, however, that we will inform you if we maintain any such applicable types of PI.

    

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4. Additional California Notices.
   
   In addition to CCPA rights, certain Californians are entitled to certain other notices, including:
   
   
   1. Third-Party Marketing and Your California Privacy Rights:
      
      

      Separate from your CCPA “Do Not Sell” rights, you have the following additional rights regarding disclosure of your information to Third Parties for their own direct marketing purposes:
      
      

      California Civil Code section 1798.83 permits individual Website users who are California residents to request and obtain from us once a year, free of charge, a list of the Third Parties to whom we have disclosed their PI (if any) for their direct marketing purposes in the prior calendar year, as well as the type of PI disclosed to those parties. If you are a California resident and would like to request this information, please submit your request in an email here or by sending a letter to us at Kawasaki Motors Corp., U.S.A., 26972 Burbank, Foothill Ranch, CA 92610 (Attention: General Counsel). Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the provided email address or mail address.
      
      

      As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.
      
      

   2. Online Privacy Practices.
      For more information on our online practices and your California rights specific to our online services see the following service-specific online Privacy Policies: Kawasaki Motors Corp., U.S.A., Kawasaki Protection Plus, Kawasaki Sales Rewards, Kawasaki Research, and/or Kawasaki Engines. Without limitation, Californians that visit our online services and seek or acquire goods, services, money, or credit for personal, family or household purposes are entitled to the following notices of their rights:
      
      
      • Tracking and Targeting:
        
        When you visit our online services, we and Third Parties may use tracking technologies to Collect usage information based on your device for a variety of purposes, including serving you advertising, based on your having visited our services or your activities across time and third-party locations. Some browsers may enable you to turn on or off a so-called “Do Not Track” signal. Because there is no industry consensus on what these signals should mean and how they should operate, we do not look for or respond to “Do Not Track” signals. For more information on tracking and targeting and your choices regarding these practices, see our online service-specific Privacy Policies: Kawasaki Motors Corp., U.S.A., Kawasaki Protection Plus, Kawasaki Sales Rewards, Kawasaki Research, and/or Kawasaki Engines.
        
        
      • California Minors:
        
        Any California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the service, can request removal by contacting us here, detailing where the content or information is posted and attesting that you posted it. We will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, Third Parties may have republished or archived content by search engines and others that we do not control.
        
        
   3. eCommerce.
      
      

      In accordance with California Business and Professions Code § 17538 et al., the legal name under which we conduct business online is Kawasaki Motors Corp., U.S.A., and our business addresses are:
      
      

      Kawasaki Motors Corp., U.S.A.
      26972 Burbank
      Foothill Ranch, CA 92610
      
      

      Kawasaki Motors Corp., U.S.A.
      5080 36th St SE
      Grand Rapids, MI 49512
      
      

      Within five (5) days of our receipt of your request, California residents may receive verification of this information by email by contacting us here.
      
      

      Residents of California are also entitled to the following specific Consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: https://www.dca.ca.gov.

   
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5. Contact Us.
   
   For more information on your California privacy rights, or for disability access assistance, call us at (855) 976-2844 or email us here. You may also use our California Consumer Rights Portal found here, or write to us at:
   
   

   Kawasaki Motors Corp., U.S.A.
   26972 Burbank
   Foothill Ranch, CA 92610
   
   Requests must include “California Privacy Rights Request” in the first line of the description, and must include your name, street address, city, state, and ZIP code.
   
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1. Introduction
Welcome to Kawasaki Motors Corp., U.S.A. Please review the following legal notices regarding use of our web sites. By accessing, using or downloading materials from any of our web sites, you agree to follow and be bound by these terms and conditions, including the terms and conditions of use, the privacy policy, and, in the event you purchase any products on kawasaki.com, the terms and conditions of sale. Click on Legal Copy to view additional information regarding Kawasaki’s products.

2. Terms and Conditions of Use
Any use of our web sites is subject to our Terms and Conditions of Use.

3. Terms and Conditions of Sale
All purchases from or through kawasaki.com are subject to our Terms and Conditions of Sale.

4. Privacy Policy
Information transmitted or exchanged in using any of our web sites is subject to our Privacy Policy.

5. Copyright Information
Copyright © 1999-2020 Kawasaki Motors Corp., U.S.A. All rights reserved.

You may view, download and print documents, text, photographs and graphics from our web sites subject to the following restrictions:

You are solely authorized to use this material only for personal, non-commercial purposes, including downloading and printing of materials, provided this copyright permission and any copyright or trademark notice is included in all such printed copies. Modification or alteration of this material is strictly prohibited.

Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from any of our web sites in whole or in part without the prior written permission of Kawasaki Motors Corp., U.S.A.

6. Trademark Information
Click on Kawasaki to view a list of some, but not all, Kawasaki trademarks and/or service marks. Kawasaki Motors Corp., U.S.A. ("KMC") is the exclusive licensee in the United States of various valuable trademark rights which are used in connection with a wide variety of products it sells and/or licenses to be sold by others under KMC established licensing program. KMC will object to any unauthorized uses of its copyright and trademark rights, and will protect its intellectual property rights to the full extent of the law. Other Kawasaki service marks, service names, slogans, logotypes or logos set forth on any of our web sites are trademarks or registered trademarks or service marks of Kawasaki. Any other company, product, trade or service names set forth on any of our web sites are used for identification purposes only and may be trademarks of their respective owners.

7. Our Address
If you need to contact us for any reason, please do so at the following address:

Kawasaki Motors Corp., U.S.A.
P.O. Box 25252
Santa Ana, California 92799-5252

Please note, if you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please immediately notify our designated agent to receive notification of copyright infringement claims at the following address:

Attn: General Counsel
Kawasaki Motors Corp.,U.S.A.
P.O. Box 25252
Santa Ana, California 92799-5252

Or

Attn: General Counsel
Kawasaki Motors Corp., U.S.A.
26972 Burbank
Foothill Ranch, CA 92610

Effective Date: January 26, 2021. 

To download and/or print this Terms of Use (“Terms”), click here.

Introduction

Please read these Terms carefully before using our websites and any online services, software or apps provided by Kawasaki Motors Corp., U.S.A. (“KMC,” “we,” “us,” or “our”) that post a link to these Terms (the “Service”).  By visiting or otherwise using the Service in any manner, you agree to the then-posted Terms and any applicable Additional Terms (defined below), agree to be bound by them, and agree that you have read and understood them.  You also acknowledge, agree, and consent to our data practices as described in our Privacy Policy and any Children’s Privacy Policy posted on the applicable portion of the Service.

These Terms affect your legal rights, responsibilities, and obligations; govern your use of the Service; are legally binding; limit KMC’s liability to you; and require you to indemnify us and to settle certain disputes through individual arbitration.  If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.

Additional Terms

In some instances, additional or different terms, posted on the Service, such as the Terms and Conditions of Sale for Kawasaki Motors Corp., U.S.A. Websites, apply to your use of certain parts of the Service (individually and collectively, “Additional Terms”).  To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

Updates to these Terms and Additional Terms

We may prospectively change these Terms and Additional Terms by posting new or changed terms on the Service as more fully explained here. 

Quick Links

We have summarized some (but not all) of the main topics of these Terms below.  The complete provisions, and not the headings or summaries, govern.

• Grants and Limitations of Rights

  • We only grant you a limited revocable license to use the Service subject to rules and limitations.  More

  • You grant us a broad license to the content you submit and to your profile.  You retain ownership of and responsibility for your content.  We have the right to manage our Service to keep its content appropriate.  More

  • Your use of our Service is subject to various restrictions designed to protect the Service and users.  More
    
    
• Limitations on Your Remedies

  As permitted by applicable law,
  

  • We also disclaim most warranties and provide the Service “As Is.”  More

  • Our liability is greatly limited.  More

  • Your equitable or injunctive relief rights are limited.  More
    
    

• Dispute Resolution
  
  • As permitted by law, you agree to arbitrate disputes and waive jury trials and class actions.  More
    
    
• Availability of Service
  
  • We may change or discontinue our Service, or your right to access it, in whole or in part. More Our Service is intended for access from and use in the U.S.A. More
    
    

Table of Contents

1. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT
2. CONTENT YOU SUBMIT
3. SERVICE AND CONTENT USE RESTRICTIONS
4. CREATING AN ACCOUNT
5. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
6. NOTICES, QUESTIONS AND CUSTOMER SERVICE
7. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
8. ARBITRATION AND DISPUTE TERMS
9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
10. LIMITATIONS OF OUR LIABILITY
11. UPDATES TO TERMS
12. GENERAL PROVISIONS

1. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT.

1. Ownership.  The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by KMC, our licensors, and certain other third parties.  All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of KMC, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property, and unfair competition rights and laws to the fullest extent possible.  KMC owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service. 
    
2. Your Rights to Use the Service and Content.
   • Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “KMC Licensed Elements”):
     
     
     1. Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
         
     2. Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;
         
     3. Subject to any applicable Additional Terms, if the Service (a) includes a “Send to Friend,” social media sharing, or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes Content, or (b) allows you to post Content to third-party services or your own site or online service, and (c) the tool is operational, (d) you may use the tool to do so; provided, however, that while posting such Content, you do not violate applicable law or third-party rights or reflect negativity on us, and only send Content to recipients you have permission to contact;
         
     4. If the Service includes a “Download” link next to a piece of Content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, or an RSS feed), you may only download a single copy of such content to a single Device;
         
     5. Download, install, and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only, and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, KMC does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be KMC and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of KMC; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
         
     6. If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
         
     7. Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any KMC names, logos, or images, (b) the links and the content on your website do not suggest any affiliation with KMC or cause any other confusion, and (c) the links and the content on your website do not portray KMC or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to KMC.  KMC reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party; and
         
     8. Use any other functionality expressly provided by KMC on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content (as defined below)) and any applicable Additional Terms.
        
        
3. Rights of Others.  In using the Service, you must respect the Intellectual Property and rights of others and KMC.  Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability.  If you believe that your work has been infringed via the Service, see Section 5 below.

    

4. Reservation of all Rights Not Granted as to Content and Service.  These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and content.  No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise.  ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY KMC AND ITS LICENSORS AND OTHER THIRD PARTIES.  Any unauthorized use of any Content or the Service for any purpose is prohibited.
              

5. Third-Party Services.  We are not responsible for third parties or their content, advertisement(s), apps, or sites (“Third-Party Services”).  For instance, portions of the Service may be integrated into or linked to third-party sites, platforms, and apps that we do not control.  Similarly, we may make third-party ads and other Third-Party Services, which we also may not control, available to you on or via our Service.  This may include the ability to register or sign into our Services using Facebook, Twitter, or other third-party tools, and to post content on Third-Party Services and sites using their plug-ins made available on our Services.  Use caution when dealing with third parties and consult their terms of use and privacy policies.  We take no responsibility for Third-party Services.  If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.  If you access our Apps via Apple, click here for Additional Terms and conditions that are applicable to you and are incorporated into the Terms by this reference.
   
   Terms Applicable For Apple iOS.
   

   1. To the extent that you are accessing the Service through an Apple mobile application, you acknowledge that these Terms are entered into between you and KMC and that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
      
      
   2. The license granted to you by KMC under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use and any third-party terms of agreement applicable to the Service.
      
      
   3. You acknowledge that KMC, and not Apple, is responsible for providing the Service and Content thereof.
      
      
   4. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
      
      
   5. To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
      
      
   6. Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and KMC, KMC, and not Apple, is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 
      
      
   7. Further, you agree that if the Service, or your possession and use of the Service, infringes on a third-party’s Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property infringement claims.
      
      
   8. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
      
      
   9. When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the Service.
      
      
   10. Your use of real time route guidance on the Service (if any) is at your sole risk.  Location data may not be accurate.

    

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2. CONTENT YOU SUBMIT.

1. User-Generated Content. You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Service, or by means other than the Service, including without limitation via our social media pages and accounts such as Facebook, Twitter and LinkedIn) (“Submissions”), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without any obligation to you not required by applicable law, or explicit terms of our Privacy Policy or applicable Additional Terms. As permitted by applicable law, and subject to any explicit terms of our Privacy Policy and applicable Additional Terms, you also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivatives thereof.  As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if a Submission is altered or changed in a manner not agreeable to you.  To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.  You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section.  In addition, we and our successors, assigns, and licensees retain all of the rights held by members of the general public with regard to your Submissions.  Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your Submissions.
   
   

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3. SERVICE AND CONTENT USE RESTRICTIONS.

1. Service Use Restrictions.  You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to KMC; (iv) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, KMC, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service or other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
    
2. Content Use Restrictions.  You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the KMC Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any third party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of KMC or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.
    
3. Availability of Service and Content.  KMC, in its sole discretion and without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason. 

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4. CREATING AN ACCOUNT.

1. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials, for restricting access to your Device, and for all activity under your account. Usernames and passwords must be personal and unique, must not violate the rights of any person or entity, and must not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
    

2. Accounts may only be set up by an authorized representative of the individual that is the subject of the account. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.

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5. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT.

If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by contacting us here.

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6. NOTICES, QUESTIONS AND CUSTOMER SERVICE.

You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us.  All legal notices to us must be sent to: Kawasaki Motors Corp., U.S.A., 26972 Burbank, Foothill Ranch, CA 92610.  If you have a question regarding the Service, you may contact KMC Customer Support by contacting us here or calling us at (866) 802-9381.  You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.

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7. PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS.
 

We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free.  As permitted by applicable law, KMC shall have the right to refuse or cancel any orders in its sole discretion.  Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit card or other account prior to rejection or cancellation, we will reissue credit to your account.  Additional Terms may apply.  If a product you purchased or accepted from KMC does not meet your expectations, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase, and receive a credit for the purchase price, subject to the return criteria and other conditions specified in the Terms and Conditions of Sale.

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8. ARBITRATION AND DISPUTE TERMS.

1. Forum Selection/Jurisdiction.  Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Orange County, California. Each party submits to personal jurisdiction and venue in Orange County, California for any and all purposes.
    

2. Pre-Arbitration Notification.  KMC and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that KMC need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”). The party making a claim – whether you or KMC – shall send a letter to the other side briefly summarizing the claim and a proposal for resolution. If KMC is making a claim, the letter shall be sent, via email, to the email address listed in your KMC account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 8.B.  If you are making a claim, the letter shall 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 not comfortable. If the Dispute is not resolved within sixty (60) days after notification, the claimant may proceed to initiate proceedings as set forth in this Section 8. Either you or KMC, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 8.D) before the expiration of this sixty (60)-day period.
    

3. Arbitration of Claims.  Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to: Terms of Use Opt-Out, Kawasaki Motors Corp., U.S.A., 26972 Burbank, Foothill Ranch, CA 92610, all actions or proceedings arising in connection with, touching upon or relating to any Dispute, or the scope of the provisions of this 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 in accordance with California Code of Civil Procedure §§ 1280 et seq. If the matter in dispute is between KMC and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS.  We may have the right to pay the JAMS fees if required for arbitration to be enforceable.  The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers.  The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based.  Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award; provided, however, that prior to the appointment of the arbitrator or for remedies beyond the jurisdiction of an arbitrator, at any time, either party may seek pendente lite relief (subject to the provisions of these Terms waiving or limiting that relief) in a court of competent jurisdiction in Orange County, California or, if sought by KMC, such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the Orange County Superior Court or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award. 

    

4. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN SUCH LOSSES, DAMAGES, OR INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY KMC PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY KMC PARTY.  
    

5. Governing Law.  These Terms and any applicable Additional Terms, General Disputes, IP Disputes, and any other claim brought by you against KMC or by KMC against you pursuant to this Section 9, or otherwise related to the Service, Content, KMC Licensed Elements, UGC, or other KMC products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of California, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.  This Section 8 shall be governed solely by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and not by the law of any state, and is enforceable pursuant to its terms on a self-executing basis. You and KMC agree that we intend that this Section 8 satisfies the “writing” requirement of the Federal Arbitration Act.  This Section 8 can only be amended by mutual agreement.  Either party may seek enforcement of this Section 8 in any court of competent jurisdiction. The arbitrator shall determine any and all challenges to the arbitrability of a claim.

    

6. Class Action Waiver.  As permitted by applicable law, both you and KMC waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 8 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.

    

7. Jury Waiver.  AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THESE TERMS, THE BREACH THEREOF, AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF. 

    

8. Small Claims Matters.  Notwithstanding the foregoing, either of us may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court, subject to Section 8.F.

    

9. The provisions of this Section 8 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 8 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.

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9. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES.

1. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.  To the fullest extent permissible by applicable law, KMC and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “KMC Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, KMC Licensed Elements, UGC or other KMC products or services, except as set forth in subsection C, below.

    

2. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, KMC PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

    

3. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY KMC PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY KMC PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) KMC PARTIES’ LIABILITY  FOR PERSONAL INJURY TO YOU CAUSED BY KMC PARTIES TO THE EXTENT NOT WAIVABLE OR IT CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST KMC PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

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10. LIMITATIONS OF OUR LIABILITY.

1. AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY KMC PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, KMC Licensed Elements, UGC or other KMC products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold or provided by KMC.

    

2.  The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if KMC Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service). 

    

3. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KMC PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID KMC IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S). 

    

4. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY KMC PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY KMC PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) KMC PARTIES’ LIABILITY  FOR PERSONAL INJURY TO YOU CAUSED BY KMC PARTIES TO THE EXTENT NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST KMC PARTIES THAT IS NOT WAIVABLE OR CANNOT BE LIMITED UNDER APPLICABLE LAW.

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11. UPDATES TO TERMS.

It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). EACH TIME YOU SIGN INTO OR OTHERWISE USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN-APPLICABLE TERMS AND CONDITIONS, AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING-FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR SUBSEQUENT USE AND TRANSACTIONS.  Any new Terms or Additional Terms will be effective as to subsequent use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you.  In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs.  You can reject any new, revised, or additional terms by discontinuing use of the Service.
 

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12. GENERAL PROVISIONS.

1. KMC’s Consent or Approval.  As to any provision in these Terms or any applicable Additional Terms that grants KMC a right of consent or approval, or permits KMC to exercise a right in its “sole discretion,” KMC may exercise that right in its sole and absolute discretion.  No KMC consent or approval may be deemed to have been granted by KMC without being in writing and signed by an officer of KMC.  
    

2. Indemnity.  As permitted by applicable law, you agree to, and you hereby defend (if requested by KMC), indemnify, and hold KMC Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any KMC Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) KMC Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”).  You will cooperate as fully required by KMC Parties in the defense of any Claim and Losses.  Notwithstanding the foregoing, KMC Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses.  KMC Parties reserve the right to assume the exclusive defense and control of any Claims and Losses.  You will not settle any Claims and Losses without, in each instance, the prior, written consent of an officer of a KMC Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
    

3. Operation of Service; Availability of Products and Services; International Issues.  KMC controls and operates the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A.  If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. 
    

4. Export Controls.  You are responsible for complying with all applicable trade regulations and laws both foreign and domestic.  Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
   
   

5. Severability; Interpretation.  If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms.  To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. 
    

6. Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, KMC reserves the right, without limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by KMC in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by KMC to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party.   Any suspension or termination will not affect your obligations to KMC under these Terms or any applicable Additional Terms.  Upon suspension or termination of your access to the Service, or upon notice from KMC, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service.  The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to KMC in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, no class action, and mandatory arbitration.
    

7. Assignment.  KMC may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice.  These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of KMC.
    

8. Complete Agreement; No Waiver.  These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or KMC in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
    

9. California Consumer Rights and Notices.  California residents can obtain more information their rights and our privacy practices here.
    
   Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254.  Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.  Their website is located at: http://www.dca.ca.gov.
   
   

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Terms and Conditions of Sale for Kawasaki Motors Corp., U.S.A. Websites

1. PRODUCTS. The only products available for sale on the Kawasaki.com website (the “Website”) are accessories, apparel, gifts, service manuals and owner’s manuals (the “Products”).
2. ACCEPTANCE. These Terms and Conditions of Sale (the “Terms”) are applicable to any order for any Kawasaki Product available on the Website, and are deemed accepted by you upon your submission of any such order. Kawasaki Motors Corp., U.S.A. (“KMC”) will not be bound by any message or material received from you at variance with any of these Terms. It is expressly understood that no agent, employee or representative of KMC is authorized to change, waive, alter or modify these Terms.
3. PRIVACY. We have taken precautions to protect the privacy of all ordering information, including the collection of your credit card information and other personal information. All payment transactions are processed by Kibo. Please review the Website’s Privacy Policy, which is subject to change at KMC’s discretion. All information, ideas, suggestions or other communications you transmit to the Website concerning the Kawasaki Products available on the Website or otherwise shall be on a non-confidential basis and KMC and its dealers shall be free to reproduce, use, disclose and distribute same without limitations or obligation except as otherwise provided in the KMC Privacy Policy. KMC may from time to time provide links to other websites. You should be aware that neither KMC nor any of its dealers control these websites and privacy policies vary from website to website.
4. PRICES AND TERMS OF SALE. Prices and terms of sale for all Products available through the Website will be those in effect on the day of shipment. KMC reserves the right to change prices for Products displayed on the Website at any time. Prices do not include shipping and/or taxes which are estimated and stated separately at checkout. Kibo will charge Purchaser’s credit card/PayPal account with final pricing (merchandise, tax, and shipping) upon shipment.
5. SHIPPING AND HANDLING; RISK OF LOSS. In some instances Kawasaki Products shown as available for sale on the Website may be out of stock. KMC will not accept backorders. If we find we do not have the stock to fill your order we will notify you by email which items have been cancelled off your order. Your will be advised at checkout of the estimated shipping charges. If you request split shipments, additional shipping charges will apply. Final shipping charges will be charged to your credit card or PayPal account once your order has shipped. KMC will use UPS and/or the USPS to ship items purchased on the Website. Dealers will ship via carrier of their choice. You assume the risk of loss or damage to Kawasaki Products in transit. In the event of damage or loss during transit, it is your responsibility to file a claim with the carrier.
6. TAXES. Prices for Kawasaki Products do not include any federal, state or local taxes. You agree to pay in addition to the prices specified on the Website, all such taxes, present or future applicable to the sale or use of the Kawasaki Products sold. You will be advised at checkout of the estimated amount of sales tax applicable to your purchase, computed on the basis of the stated ship-to address and the sales tax in effect at the time of purchase. The final sales tax will be charged to your credit card or PayPal account once your order has shipped.
7. RETURNS. KMC strives to ensure that you will be satisfied with your purchase. If any purchase does not meet your expectations, you may return it within thirty (30) days of the date it was received. All returned items must be in original packaging and in new/unused condition. This includes all product tags, polybags, instructions, hardware and accessories. Items cannot be damaged due to wear or installation. IF YOUR RETURN DOES NOT MEET THESE CRITERIA, IT MAY BE REJECTED AND RETURNED TO YOU. To initiate your return and receive an RMA number for a qualified purchase, please call 1-877-412-7467. Customers are responsible for all return shipping charges. Returns will be processed in approximately 2-3 weeks from the time you mail your return. A refund of the purchase price and sales tax (if applicable) will be credited back to your original form of payment. It may take up to two billing cycles for the credit to appear on your monthly credit card statement.
8. WARRANTY. KMC makes no warranties except for the limited Ninety (90) Day Warranty applicable to new Kawasaki accessories, apparel and gifts. Enforcing the terms of KMC’s Limited Ninety (90) Day Warranty for new Kawasaki accessories, apparel and gifts shall constitute your sole remedy and the sole liability of KMC, whether on warranty, contract or negligence grounds, with regard to any actual or alleged defect in the condition of performance of any Kawasaki accessory, apparel or gifts. EXCEPT AS SPECIFICALLY SET FORTH HERIN, KMC GIVES NO EXCEPTION OR IMPLIED WARRANTIES OR OBLIGATIONS AS TO THE QUALITY OR CONDITION OF THE KAWASAKI PRODUCT PURCHASED HEREUNDER OR AS TO THEIR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND SUCH REMEDIES AS ARE SPECIFIED HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER OBLIGATIONS ON THE PART OF KMC. For warranty questions please call 1-866-802-9381.

If you would like to link to Kawasaki’s Web site, please read and comply with the following guidelines:

Any site linking to Kawasaki’s Web site:

• May link to, but not replicate, Web site content
• May display the Kawasaki Web site content in a separate browser window, but should not create a border environment around the Kawasaki Web site content or launch the Kawasaki Web site in a frame within the linking party’s content
• Should not imply that Kawasaki endorses the party’s site or products
• Should not misrepresent its relationship with Kawasaki
• Should not present false information about Kawasaki products or services
• Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups

If you would like to link to Kawasaki’s Web site, you must do the following:

• Print out the PDF file below
• Read and complete the entire Web site Linking Agreement
• Sign your name at the bottom of the agreement, By signing this document, you agree to be bound by the terms and obligations set forth herein
• Fax the completed Web Site Linking Agreement to (949) 460-5755
• Use the approved logos below

Website Linking Agreement (PDF)

Download ZIP file	Download ZIP file

Kawasaki Cares

Motorcycle Safety Disclaimer:

KAWASAKI CARES: Read Owner's Manual and all on-product warnings. Always wear a helmet, eye protection and proper apparel. Never ride under the influence of drugs or alcohol. Adhere to the maintenance schedule in your Owner's Manual. ©2020 Kawasaki Motors Corp., U.S.A.

ATV Safety Disclaimer: (No Youth Models featured)
KAWASAKI CARES: Read Owner's Manual and all on-product warnings. Warning: ATVs can be hazardous to operate. For your safety: Always wear a helmet, eye protection, and protective clothing. Never carry a passenger. Never ride under the influence of drugs or alcohol. Never ride on public roads or pavement. Avoid excessive speeds and stunt driving. Be extra careful on difficult terrain. Kawasaki ATVs with engines over 90cc are recommended for use only by persons 16 years of age or older. Kawasaki also recommends that all ATV riders take a training course. For more information, see your dealer, call the ATV Safety Institute at 1-800-887-2887, or go to www.atvsafety.org. ©2020 Kawasaki Motors Corp., U.S.A.

ATV Safety Disclaimer: (Full-line including Youth Models)
KAWASAKI CARES: Read Owner's Manual and all on-product warnings. Warning: ATVs can be hazardous to operate. For your safety: Always wear a helmet, eye protection, and protective clothing. Never carry a passenger. Never ride under the influence of drugs or alcohol. Never ride on public roads or pavement. Avoid excessive speeds and stunt driving. Be extra careful on difficult terrain. Kawasaki’s KFX®50 is recommended for use only by persons 6 or older, and the KFX®90 is recommended for use only by persons 12 and older. All children under 16 riding ATVs should always have direct adult supervision. Kawasaki ATVs with engines over 90cc are recommended for use only by persons 16 years of age or older. Kawasaki also recommends that all ATV riders take a training course. For more information, see your dealer, call the ATV Safety Institute at 1-800-887-2887, or go to www.atvsafety.org. ©2020 Kawasaki Motors Corp., U.S.A.

MULE™ Side x Side Safety Disclaimer:
KAWASAKI CARES: Read Owner's Manual and all on-product warnings. Always wear protective gear appropriate for the use of this vehicle. Never operate under the influence of drugs or alcohol. Protect the environment. The Kawasaki MULE™ side x side is an off- highway vehicle only, and is not designed, equipped or manufactured for use on public streets, roads or highways. Obey the laws and regulations that control the use of your vehicle. ©2020 Kawasaki Motors Corp., U.S.A.

Teryx® Side x Side Safety Disclaimer:
KAWASAKI CARES: Read Owner's Manual and all on-product warnings. Warning: The Teryx® side x side can be hazardous to operate. For your safety: Always wear a helmet, eye protection and protective clothing. Never operate under the influence of drugs or alcohol. Avoid excessive speeds and stunt driving. Be extra careful on difficult terrain. Protect the environment. The Kawasaki Teryx side x side is an off-highway vehicle only, and is not designed, equipped or manufactured for use on public streets, roads or highways. ©2020 Kawasaki Motors Corp., U.S.A.

JET SKI® Watercraft Safety Disclaimer:
KAWASAKI CARES: Ride responsibly. Kawasaki believes safety begins with us and continues with you. Always wear a USCG-approved personal flotation device, eyewear, gloves, footwear, and a wet suit or clothing that provides equivalent protection (board shorts with neoprene liner). Never ride under the influence of drugs or alcohol. Respect the rights of shoreline residents and other marine recreationists. Boat smart from the start. Take a Boating Safety course; for more information visit www.USCGBoating.org. Jet Ski watercraft are inboard powerboats and their use is subject to all applicable federal, state, and local boating laws. Read Owner's Manual and all on-product warnings. ©2020 Kawasaki Motors Corp., U.S.A.