Terms and Conditions
The terms “we” and “our” are used to refer to MAN O’WAR HARLEY-DAVIDSON; the terms “you” and “your” refer to the Purchaser (including a User of the site that does not purchase goods). The term “Item” is used to refer to our products or services or both provided under these Terms and Conditions. All shipments, services, sales and quotations between MAN O’WAR HARLEY-DAVIDSON and Purchaser are subject to these general terms and conditions of sale. They are, therefore, valid for all business transactions between MAN O’WAR HARLEY-DAVIDSON and Purchaser, even in cases where they are not expressly specified or re-agreed upon.
Purchaser’s order is binding only and immediately upon acceptance in writing (including confirmations via e-mail, fax or similar electronic communications) at the offices of MAN O’WAR HARLEY-DAVIDSON in Lexington, Kentucky. We reject any terms and conditions in Purchaser’s order which are different from or additional to these terms and conditions or any changes to the order after acceptance, unless expressly approved in writing and signed by our authorized representative.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WITH THE EXCEPTION OF THE LIMITED MANUFACTURERS WARRANTY DESCRIBED BELOW, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MAN O’WAR HARLEY-DAVIDSON ON AN “AS IS” AND “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MAN O’WAR HARLEY-DAVIDSON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAN O’WAR HARLEY-DAVIDSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
THE SELLER ASSUMES NO RESPONSIBILITY THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU ARE BUYING THESE GOODS.
MAN O’WAR HARLEY-DAVIDSON DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM MAN O’WAR HARLEY-DAVIDSON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAN O’WAR HARLEY-DAVIDSON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LICENSE TO USE SITE
MAN O’WAR HARLEY-DAVIDSON grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of MAN O’WAR HARLEY-DAVIDSON. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of MAN O’WAR HARLEY-DAVIDSON. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of MAN O’WAR HARLEY-DAVIDSON without express written consent. You may not use any meta tags or any other "hidden text" utilizing MAN O’WAR HARLEY-DAVIDSON's name or trademarks without the express written consent of MAN O’WAR HARLEY-DAVIDSON. Any unauthorized use terminates the permission or license granted by MAN O’WAR HARLEY-DAVIDSON. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of manowarhd.com so long as the link does not portray MAN O’WAR HARLEY-DAVIDSON, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any MAN O’WAR HARLEY-DAVIDSON or HARLEY-DAVIDSON logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. MAN O’WAR HARLEY-DAVIDSON does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use manowarhd.com only with involvement of a parent or guardian. MAN O’WAR HARLEY-DAVIDSON reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. MAN O’WAR HARLEY-DAVIDSON reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MAN O’WAR HARLEY-DAVIDSON a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MAN O’WAR HARLEY-DAVIDSON and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MAN O’WAR HARLEY-DAVIDSON for all claims resulting from content you supply. MAN O’WAR HARLEY-DAVIDSON has the right but not the obligation to monitor and edit or remove any activity or content. MAN O’WAR HARLEY-DAVIDSON takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from MAN O’WAR HARLEY-DAVIDSON are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
MAN O’WAR HARLEY-DAVIDSON attempts to be as accurate as possible. However, MAN O’WAR HARLEY-DAVIDSON does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by MAN O’WAR HARLEY-DAVIDSON itself is not as described, your sole remedy is to return it in unused condition.
Despite our best efforts, on occasion, an item on our website may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Man O’War Harley-Davidson
2073 Bryant Rd.
Lexington, KY 40509
The items purchased by Purchaser are subject to the Manufacturer’s Limited Warranty. We agree to act as the manufacturer’s designated entity to handle any claims against the manufacturer under the Manufacturer’s Warranty. MAN O’WAR HARLEY-DAVIDSON disclaims any and all express or implied warranties in accordance with the Disclaimer of Warranty and Limitation of Liability above. Any advice regarding product or service selection or suitability for any application is provided solely as a convenience to Purchaser, on an as-is basis and without any warranty (express or implied) and does not constitute a recommendation or suggestion as to any particular product service selection or use for any particular application.
MAN O’WAR HARLEY-DAVIDSON shall have no liability or be in breach for any failure or delay in performance due to strikes, lockouts, concerted acts of workmen or other industrial disturbances, fires, explosions, floods or other natural catastrophes, civil disturbance or riots, armed conflict whether declared or undeclared, terrorists acts, curtailment, shortage, rationing or allocation of normal sources of supply of labor, materials, transportation, engineering, technical or design difficulties, adverse future government action, energy or utilities, accidents, acts of God, delays of subcontractors or vendors, sufferance of voluntary compliance with acts of government and government regulations, embargoes or any other similar or dissimilar cause which is beyond the reasonable control of MAN O’WAR HARLEY-DAVIDSON.
APPLICABLE LAW AND VENUE
Any disputes or differences arising out of the sale of Items to Purchaser, including any questions regarding the existence, validity or termination of this document regarding its performance shall first be discussed and negotiated between the parties. If no settlement can be reached, at the request by either party, the dispute shall be finally settled by arbitration under the Commercial Rules of the American Arbitration Association by three arbitrators appointed by the AAA in accordance with such rules.
In the event of any arbitration, the place of arbitration shall be Lexington, Kentucky. Both parties consent and submit to the personal jurisdiction and venue of the trial courts of Fayette County, Kentucky, and also to the personal jurisdiction and venue of the United States District Court for Eastern District of Kentucky for purposes of enforcing this provision. The arbitration shall take place at a time noticed by the American Arbitration Association regardless of whether one of the parties fails or refuses to participate.
Either party may seek injunctive relief or restraining procedures against the other in any court of proper jurisdiction with respect to any breach or threatened breach of this document.
These terms and Conditions shall be governed by the laws of the State of Kentucky without regard to its conflicts of law.
If any provision of this Contract is held illegal or unenforceable by any court or other authority of competent jurisdiction, such provision shall be deemed severed from the remaining provisions of this Contract and shall not affect or impair the validity or enforceability of the remaining provisions of this Contract.
Our failure or delay to insist upon compliance of any term or condition shall not operate as, and is not intended to be, construed as a waiver or amendment of such term or condition or of our right to insist upon compliance with such term or condition or to take remedial steps to recover damages or other relief for non-compliance. Any express waiver of a term or condition will not operate and is not to be construed as a waiver of any subsequent breach irrespective of whether occurring under similar or dissimilar circumstances.
These terms and conditions constitute the entire understanding between the parties and supersede any previous communications, representations or agreements by either party, whether verbal or written, except as may be otherwise set forth in a writing signed by both parties which supersedes this provision. No change or modification of any term or condition shall be valid or binding on either party unless in writing and signed by an authorized representative of the party to be so bound.
The headings are for convenience only and are not to be used in the construction or interpretation of these terms and conditions.