WEBSITE TERMS AND CONDITIONS

1. Access to the Harley-Davidson Exclusives Website (“Site”)
 

1.1. Site
The use of the Site is exclusively for Harley-Davidson members who have the capacity to enter into legally binding agreements under applicable law. The rules relating to the use of the Sit are set out below.

1.2. Acceptance of Terms and Conditions
By accessing this site and making transactions through the Site, specifically by clicking the "I AGREE" and similar buttons, you expressly indicate your acknowledgment and acceptance of these terms and conditions and any additional Terms and Conditions, which are expressly incorporated herein. Harley-Davidson has the sole right to interpret and apply the terms and conditions as they see fit.

1.3. Acceptance of Electronic Communication
You hereby consent to receive electronic communications, including Experience or Merchandise purchase confirmation, from Harley-Davidson and/or its affiliates or services provider(s) ("Services Provider") and the independent partners associated with this site, including all Experience Providers, whether addressed to the email address associated with your Harley-Davidson account or other email address that you provide. You acknowledge and agree that any communication via email or postings on the Harley-Davidson site satisfies any legal requirements that such communications be made in writing.

1.4. Experiences and Merchandise
Harley-Davidson reserves the right to establish eligibility criteria for redemption of Experiences or Merchandise. The Experiences or Merchandise consist of any goods or services purchased by you, by buying or bidding with cash or where applicable reward points. Such Experiences and Merchandise are fulfilled or distributed by independent partners of Harley-Davidson. Harley-Davidson, its subsidiaries, affiliates and agents are not responsible for any products and services of other participating companies and partners. Harley-Davidson reserves the right to correct any typographical errors, including but not limited to with respect to any price or minimum bid, and to make changes, corrections or improvements to any description of any Auction, Instant Redemption, Merchandise or Experience at any time without notice.

1.5. Relationship between You and Experience Provider
Every time you purchase, by Auction, Instant Redemption or otherwise, an Experience or Merchandise via the Site, you enter into an agreement with Harley-Davidson and the respective Experience Provider to purchase said Experience or Merchandise in exchange for the stated price. You agree and acknowledge that separate terms and conditions of the relevant Experience, or Merchandise and the relevant Experience Provider will apply to any Redemption via the Site. You agree to comply with and be subject to any such terms and conditions, including but not limited to, rules and restrictions on availability and eligibility, shipment and delivery terms, notification of defects, return and refund policies, money back guarantees and claim for damages. Harley-Davidson strongly recommends that you check the terms and conditions of each Experience or Merchandise and each Experience Provider prior to bidding on or purchasing any such Experience or Merchandise. It is your responsibility to adhere to those terms and conditions and be aware of any special circumstances that apply prior to bidding on or purchasing any Experience or Merchandise. If you are deemed ineligible or are unavailable for any Merchandise or Experience that you have purchased from Harley-Davidson you will not be refunded. All sales are made on an AS-IS and WHERE AS basis. 

1.6. Use of Site
You may only use the Redemption section of the Site to make non-commercial, legitimate Experience or Merchandise purchases or benefit from other redemption types and shall not use the site for any other purposes, including making any speculative, false or fraudulent Experience or Merchandise purchases or other redemptions. Experiences and Merchandise on the site are subject to availability at the time of booking. By accessing and/or using the Site, you authorize Harley-Davidson and its affiliates to consider any person using your information a legitimate user. Members/legal guardians must ensure that the log-in details are not used illegally. Harley-Davidson and its affiliates bear no responsibility for any consequences of illegal use of the personal details. Harley-Davidson and its affiliates reserve the right to terminate membership in the program in accordance with any Harley-Davidson program rules.

1.7. Restriction on Use
Due to local laws and regulations, Harley-Davidson and its affiliates reserve the right to exclude members from certain jurisdictions from making transactions using the Site. By making transactions via the Site, you confirm that you are not breaching any laws in your country of residence regarding the legality of such use. Harley-Davidson, its affiliates, Experience Providers and Services Providers will not be held responsible (i) for the exclusion of members from participation and (ii) if you use the Site unlawfully. If in any doubt, you should check with the relevant authorities in your country of residence.
 

2. Customer Service
For questions related to the Experiences and Merchandise purchased via the Site, or for general questions related to the Site and the redemption types, or for questions regarding special instructions or restrictions, please contact customer support using the “Contact Us” link on the Site.
 

3. Redemption
3.1. Instant Redemption or Buy Now
Through this redemption type, you have the possibility to instantly purchase Experiences or Merchandise. Offer and pricing are subject to change or cancellation without notice. Other restrictions may apply. We reserve the right to substitute items of equal or greater value. We also reserve the right to reverse a purchase of an Experience or Merchandise without notice and to credit the purchaser for such purchase back to your account. We reserve the right to refund back to your Credit card or issue a check payment.
Experiences and Merchandise offered for instant redemption are limited in quantity, and orders are subject to availability. You will be notified if the Experience or Merchandise you have ordered is not available. Some Experiences or Merchandise that are not available will offer a waitlist. Members on the waitlist will be ranked in order based upon the time of such member’s waitlist request. Such times will be determined solely by Harley-Davidson. Should availability arise, waitlist members will be contacted in order via email requiring the member to confirm interest in purchasing the applicable Experience or Merchandise and to complete such purchase within a limited amount of time. If such purchase is not completed within the required time, the member will forfeit the opportunity to purchase such Experience or Merchandise, and it will be offered to the next member on the waitlist. Waitlisted members are not guaranteed the ability to purchase any Experience or Merchandise.

3.2. Auctions or Bid Now
Through this redemption type, you have the possibility to bid on Experiences or Merchandise by Auction. Decisions as to what constitutes a qualifying bid or a winning bid, as well as exceptions, will be made at the sole discretion of Harley-Davidson, its affiliates or a Services Provider. For specific bidding rules, and purchase information, see further below.

3.3 Availability after Redemption
Availability of Merchandise and Experiences made available through this site are subject to change, and if any item becomes unavailable for any reason after purchase, Harley-Davidson reserves the right, at its discretion, to substitute a substantially similar item or refund the purchaser. If the performance of any service or obligation of Harley-Davidson or any Experience Provider making any Merchandise or Experience available through the site, including with respect to any live experience, is prevented, delayed, restricted or interfered with by events or causes beyond their control, Harley-Davidson or the applicable Experience Provider shall be excused from the performance to the extent of the prevention, delay, restriction, or interference. You agree that if any of these prevent you from participating in a live experience, Harley-Davidson or the applicable Experience Provider is not obligated to provide or recreate such live experience, and Harley-Davidson reserves the right, at its discretion, to substitute a substantially similar item or refund the purchaser.

3.4 Sale of Merchandise or Experience
Merchandise and Experiences obtained by Redemption may not be re-sold or bartered. The sale or barter or attempted sale or barter of any Merchandise or Experience is expressly prohibited. Any Merchandise or Experience transferred, in violation of this rule may be confiscated or canceled. Notwithstanding the foregoing, Merchandise and Experiences may be transferred or donated with the prior consent of Harley-Davidson; provided that such Merchandise or Experience is not being sold or bartered (e.g., transfer to a family member at no cost or donation to a charity).

3.5 Travel Documents
If an Experience includes travel, the purchaser of the Experience is responsible for obtaining all necessary travel documentation, including but not limited to driver’s license, passport and visas, as applicable.
 

4 Payment
4.1. Payment with Credit Card
You may purchase an Experience or Merchandise for such an amount as indicated for each Experience or Merchandise on the Site. The Site only accepts payment by HD Visa.
 

5. Shipping, Taxes and Return or Refunds
5.1. Shipping
Merchandise will be sent only to the address associated with the member's Harley-Davidson account or to such other address as explicitly provided with a specific purchase order. Delivery dates cannot be guaranteed and Harley-Davidson and its Experience Providers assume no liability for failed deliveries caused by incorrect addresses, absence of the recipient, customs issues, force majeure or other reasons not under the reasonable control of Harley-Davidson or the Experience Provider. Merchandise will not be delivered to P.O., A.P.O. or F.P.O. boxes. Merchandise can be shipped only to addresses in the 48 contiguous United States with limited exceptions. Addresses cannot be changed after order has been made. On a case by case basis, orders may be shipped outside of the 48 contiguous United States to Alaska or Hawaii on an exception only basis. Orders will not be shipped internationally. Please contact customer support. Harley-Davidson will investigate the exception request. Please note that additional shipping charges payable may apply if an item is shipped outside of the contiguous United States. Items ordered at the same time may arrive separately. The cost of regular shipping and handling is included in the cost for each item. Merchandise will be delivered to your door within 3-4 weeks of placing the order unless otherwise noted.

5.2. Fees and Taxes
The prices on the Harley-Davidson site includes all applicable sales taxes and shipping and handling fees unless otherwise specified.

5.3. Refunds and Returns
There are no returns or refunds of any kind unless merchandise is proven to be damaged or defective. Merchandise must accompany an RTO# and must be returned within 30 days of delivery. Problems or complaints with Merchandise should be directed to customer service as described below under "Merchandise Return Policy".

Merchandise Return Policy
For all returns or exchanges of Merchandise that you can prove is damaged or defective, please contact customer support so that Harley-Davidson may assist you in contacting the appropriate Experience Provider. Harley-Davidson is not responsible for the return or exchange of any Merchandise. All issues with damaged or defective Merchandise will be the responsibility of the Experience Provider. Any refunds or exchanges will be at the discretion of the Experience Provider.

Experience Return/Refund Policy
All Experiences are non-refundable. If you are scheduled to attend an Experience and do not, you will forfeit your purchase and will not have them refunded or your Experience rescheduled. If you purchase an Experience for a particular date and you are unable to attend, you may send someone in your place, subject to these terms and conditions and provided that they meet all eligibility requirements for that particular Experience and you have contacted Harley-Davidson regarding any substitution. For all other Experiences, unless otherwise noted, you will have six (6) months from the date of purchase to coordinate any Experience with an Experience Provider. If you are unable to schedule the Experience during that time frame with the Experience Provider, the Experience Provider will have sole authority to choose to coordinate the Experience after six (6) months but shall have no obligation to do so. If the Experience Provider elects not to schedule the Experience after six (6) months, you will forfeit your purchase of that Experience and have no further recourse against Harley-Davidson or the Experience Provider.
 

6. Auctions
6.1. Minimum Bid
For each specific Auction you wish to bid for, you must place the required minimum bid as stated on the auction page..

6.2. Maximum Bid
For Auctions where you can place a maximum bid, the system will place bidding iteration on your behalf until your maximum bid is reached. If you have placed a maximum bid (higher than the required minimum bid), the system will automatically increase the bid on your behalf, using only as much of your maximum bid as is required to keep you in the winning lot. The maximum bid is the highest price you are willing to pay for the item. If at the conclusion of the auction not all of your maximum bid was necessary to win the auction, the difference between your max bid and your winning bid  will be credited to your account.

6.3. Bidding Details
Multiple quantities of the same Experience may be available in the same Auction listing. For instance, there may be several packages of the same Experience that are auctioned off simultaneously. Although multiple packages are available, you may only bid for one package.

6.4. Bid Reserve
Some Experiences and Merchandise may have a reserve price that must be met before it is eligible for sale that may not be made public. If the reserve price is not met by the end of the Auction and you are the highest bidder, you will be notified that the reserve price was not met, the Experience or Merchandise will not be sold to you, and you will be refunded if necessary.

6.5 Bidding Completion
A bid is considered "completed" once you see the respective confirmation page. In case the registration for a specific bid is interrupted and the respective confirmation page is not displayed, you must resubmit your bid after checking My Account. In case a bid is registered after the bidding period has elapsed, such bid is not eligible. Variations in your computer and network processing speeds may (i) result in you not being able to view the latest bids and/ or (ii) cause your bids made within 30 seconds of the auction closing not to register with our system prior to the bid closing time and as such will not be considered a bid. Once a bid is completed, you cannot retract or withdraw the bid nor can the bid be decreased. Any bids placed in the last minute before an auction ends will extend the auction by an additional one minute.

6.6. Winning Bid
Should your bid be determined the winning bid, this will constitute a legally binding contract between you and Harley-Davidson and you will receive an email notification from Harley-Davidson. Your payment will be Debited automatically and you will need to provide your shipping details (if necessary). If you are notified in error that your bid is a winning bid, no contract will have been formed with respect to the Auction item, Harley-Davidson will credit back to your account any amount debited in connection with the Auction, and Harley-Davidson will subsequently determine the winning bid in its discretion.

6.7. Ties
In the event of a tie between two or more bids by different members at the close of an Auction, the earliest bid will be determined to be the winner (based on the timestamp of the respective bids). During the Auction, the member who placed the losing bid will be notified that they have been out-bid and has an opportunity to increase the maximum bid.

6.8. Ineligible Winner
Should it be determined that the winner was not eligible to participate or was expelled from participating in the Auction for any reason in the sole discretion of Harley-Davidson, the next highest bidder will be deemed to be the winner. In the event that the winner is not eligible to participate in the Auction, the second highest bidder will be declared the winner and the winning bid amount will be automatically deducted from their account/charged to their payment method on file and so forth until an eligible winner is found.

6.9. Legal Compliance
By participating in an Auction via the Harley-Davidson, you confirm that you are not breaching any laws in your country of residence regarding the legality of participating in such Auction. Harley-Davidson, its affiliates and the Experiences Provider will not be held responsible if you enter into an Auction unlawfully. If in any doubt you should check with the relevant authorities in your country of residence.
 

7. Privacy Matters
7.1. Share of Information
The data collected through the Harley-Davidson site is governed by the Harley-Davidson Privacy Policy which shall be deemed to be incorporated into these Terms and Conditions. In order for Harley-Davidson to process any Experience or Merchandise purchase transactions or other Redemptions via the Site, you may have to transmit certain personal information, including your name, home and email address, and telephone number. By providing such information you consent to Harley-Davidson and the Services Provider sharing certain of that information with third party providers as necessary to process and complete the required transaction. Harley-Davidson  and the Services Provider shall not be liable for any incorrect personal information received or obtained from you.
 
7.2 Publicity License Grant
By purchasing, using or participating in any Merchandise or Experience, you grant to Harley-Davidson the irrevocable and unrestricted right and permission to photograph and videotape you and to use your name, photograph, image, voice, likeness, and any comments in connection with any Auction, Instant Redemption, Merchandise or Experience, in whole or in part, and to use, edit, present, transmit, and display the same, without restriction as to changes or transformations, in connection with its business, in all forms and media now known or hereafter developed, without payment of additional royalties.
 

8. Limitation of Liability
8.1. Party
When purchasing items through the Site, you enter into an agreement with Harley-Davidson and our Experience Providers. You expressly acknowledge and agree that Experience Providers are independent contractors and not employees or agents of Harley-Davidson, its affiliates or the Services Provider. Neither Harley-Davidson, nor its affiliates nor its Services Provider is liable for the acts, errors, omissions, representations, warranties or negligence of the Experience Providers. Furthermore, as far as permissible by applicable law, Harley-Davidson and its affiliates hereby disclaim any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or indirect damages, or attorney’s fees arising in connection with any Experience or Merchandise provided by any Experience Provider through the Harley-Davidson site, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, of such partner and you hereby expressly exonerate Harley-Davidson and its affiliates from any liability with respect to the same. To the extent permitted by law, Harley-Davidson, its affiliates and the exclude all liability to you and to any other person participating in or using any Experience or Merchandise in respect of any negligence, willful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide the services by or on behalf of a partner.

8.2. No Warranty
Harley-Davidson, its affiliates, the Experience Providers and the Services Provider do not warrant or represent that the content on the Site or any website linked to the Site is complete or up-to-date. Harley-Davidson, its affiliates, the Experience Providers and the Services Provider are under no obligation to update any content on the Site. Harley-Davidson may change the content on or make improvement or changes of the Site at any time without notice. The information, Experiences, Merchandise, and descriptions of Experiences, Merchandise and other services published on the site may include inaccuracies or typographical errors, and Harley-Davidson, its affiliates and its Experience Provider and Service Provider specifically disclaim any liability for such inaccuracies and errors.

8.3. Limitation of Liability
You agree that Harley-Davidsons, its affiliates, the Experience Providers, Service providers and any of their respective officers, directors, employers, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service, lost opportunity and attorney’s fees) arising out of or in connection with the use of the Site, or with the delay or inability to use the Site even if Harley-Davidson is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any virus which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strike or other labor problems or any force majeure. Harley-Davidson cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

8.4. Legal Remedies
Harley-Davidson reserves the right to seek all remedies available at law and in equity for any misuse of the Redemption site or the Site and/or violations of these rules, including the right to block access from a particular internet address and to exclude you from accessing the Site.
 

9. Waiver of Liability
You agree that your participation and the participation of others invited by you in any Experience is entirely at your own will. You and any participant invited by you to participate in any Experience provided by an Experience Provider further agree to assume all risks and waive any and all claim against Harley-Davidson and the Experience Providers for any direct, punitive, special, consequential, incidental or indirect damages or attorney’s fees suffered by you in connection with your participation in any Experience provided by an Experience Provider, including without limitation liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, and you hereby expressly exonerate Harley-Davidson, its affiliates and its Experience Providers from any liability with respect to the same. To the extent permitted by law, Harley-Davidson, its affiliates and its Experience Providers exclude all liability to you or other person of whatsoever nature in respect of any negligence, willful misconduct, poor service or other breach of obligation arising out of the provision or failure to provide any services as a part of any Experience.
 

10. Copy Rights and Trade Marks
The trademarks, logos and service marks ("Marks") displayed on the Harley-Davidson site are the property of Harley-Davidson, its affiliates, the Experience Providers or of the partners as the case may be. You are prohibited from using any Marks for any purpose including, but not limited to, the use as meta-tags on other pages or sites on the World Wide Web without the written permission of Harley-Davidson, or such other party which may own the Marks. All information and content including any software programs available on or through the site ("Content") is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating works or using any Content available on or through the site for commercial or public purposes. You take note that one or more patents apply to the features and services accessible via the Site.
 

11. Confidentiality of Personal Information
Access to and use of password protected and/or secure areas of the Site is restricted to authorized persons only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. You are responsible for maintaining the confidentiality of your personal information, including your account and password, and for restricting access to your computer to prevent unauthorized access to the Site. You agree to accept responsibility for all redemption and other activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Harley-Davidson immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
 

12. Updates to Terms
Harley-Davidson at its sole discretion may at any time, with or without notice, amend, modify or supplement any of these terms and conditions or any terms or conditions applicable to any Auction, Instant Redemption, Merchandise or Experience, and your continued participation will constitute your acceptance of any such amendment, modification, or supplementation.

Updated May 16, 2022

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