Harley-Davidson® Visa® Exclusives Terms & Conditions

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

1.1. Site

The use of the Site is exclusively for residents of the 50 United States and the District of Columbia who have a valid U.S. issued Harley-Davidson® Visa card and have the capacity to enter into legally binding agreements under applicable law. The rules relating to the use of the Site are set out below.

 

1.2. Acceptance of Terms and Conditions

By accessing this Site and making transactions through the Site, specifically by checking the "I agree to the Terms & Conditions" box and clicking 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 Financial Services ("HDFS") has the sole right to interpret and apply the terms and conditions as they see fit. Void where prohibited

 

1.3. Acceptance of Electronic Communication

You hereby consent to receive electronic communications, including Experience or Merchandise purchase confirmation, from HDFS and/or its affiliates or services provider(s) ("Services Provider") and the independent partners associated with this Site, including all Experience Providers (“Experience Providers”), whether addressed to the email address opted-in to receive information about new products, events and news from Harley-Davidson or other email address that you provide. You acknowledge and agree that any communication via email or postings on the Harley-Davidson Visa Exclusives Site satisfies any legal requirements that such communications be made in writing.

 

1.4. Experiences and Merchandise

HDFS 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 your H-D™ Visa card. Such Experiences and Merchandise may be fulfilled or distributed by independent partners of HDFS. HDFS, its subsidiaries, affiliates and agents are not responsible for any products and services of other participating companies and partners. HDFS reserves the right to correct any 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, Merchandise or Experience at any time without notice.

 

1.5. Relationship between You and Experience Provider

Every time you claim or purchase, by Auction, or otherwise, an Experience or Merchandise via the Site, you enter into an agreement with HDFS and the respective Experience Provider to purchase said Experience or Merchandise in exchange for the stated price, if applicable. 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, return and refund policies. HDFS strongly recommends that you check the terms and conditions of each Experience or Merchandise and each Experience Provider prior to bidding on, purchasing or claiming 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, purchasing or claiming any Experience or Merchandise. If you are deemed ineligible or are unavailable for any Experience or Merchandise that you have purchased with your Harley-Davidson Visa card, you will not be refunded. All sales are made on an AS-IS and WHERE AS basis. All sales are final with the exception of event cancellations and defect Merchandise.

 

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 HDFS and its affiliates to consider any person using your information a legitimate user. Members/legal guardians must ensure that any log-in or other authentication details are not used illegally. HDFS and its affiliates bear no responsibility for any consequences of illegal use of the personal details. HDFS and its affiliates reserve the right to terminate access to the site and its experiences in accordance with any HDFS program rules.

 

1.7. Restriction on Use

Due to local laws and regulations, HDFS and its affiliates reserve the right to exclude users 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 state of residence regarding the legality of such use. HDFS, 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 state 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 us.

 

3. Experience & Redemption

3.1. Buy Now

Through this redemption type, H-D™ Visa cardmembers who receive an email invitation will have the possibility to instantly purchase and, in some cases claim, Experiences or Merchandise while supplies last. 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 refund the purchaser. We reserve the right to refund back to your Credit Card or issue a check payment.

 

Experiences and Merchandise offered 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. Cardmembers on the waitlist will be ranked in order based upon the time of such cardmember’s waitlist request. Such times will be determined solely by HDFS. Should availability arise, waitlist cardmembers will be contacted in order via email requiring the cardmember 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 cardmember will forfeit the opportunity to purchase such Experience or Merchandise, and it will be offered to the next cardmember on the waitlist. Waitlisted cardmembers are not guaranteed the ability to purchase any Experience or Merchandise.

 

3.2. Auctions

Through this redemption type, cardmembers 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 HDFS, its affiliates or a Services Provider. For specific bidding rules, and purchase information, see further below.
 

3.3 Giveaway Sweepstakes

The Harley-Davidson® Visa® $500-A-Day Giveaway Sweepstakes is subject to additional terms and conditions set forth in its Official Rules. Participation in the Sweepstakes constitutes acceptance of those Official Rules, which govern in the event of any inconsistency with these Terms and Conditions.

 

3.4 Availability after Redemption

Availability of Experiences and Merchandise made available through this Site are subject to change, and if any item becomes unavailable for any reason after purchase or during bidding, HDFS 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 HDFS or any Experience Provider making any Experience or Merchandise 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, HDFS 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, HDFS or the applicable Experience Provider is not obligated to provide or recreate such live experience, and HDFS reserves the right, at its discretion, to substitute a substantially similar item or refund the purchaser if applicable.

 

3.5 Sale of Merchandise or Experience

Any Experience or Merchandise obtained by Redemption may not be re-sold or bartered. The sale or barter or attempted sale or barter of any Experience or Merchandise is expressly prohibited. Any Experience or Merchandise transferred, in violation of this rule may be confiscated or canceled.

 

3.6 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 Harley-Davidson® Visa credit card.

 

5. Shipping, Taxes and Return or Refunds

5.1. Shipping

Merchandise will be sent only to the address as explicitly provided with a specific purchase order. Delivery dates cannot be guaranteed and HDFS 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 HDFS 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 50 United States and the District of Columbia with limited exceptions. Addresses cannot be changed after order has been made. This will be indicated on the individual experience listing page. Orders will not be shipped internationally. To request a shipping exception, please contact customer support. HDFS will investigate the exception request. Please note that additional shipping charges 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 address within 4 weeks of placing the order unless otherwise noted.

 

5.2. Fees and Taxes

The prices on the Site include all applicable sales taxes. 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 or an event has been canceled. Contact us for problems or complaints with Merchandise within 30 days of delivery.

 

Merchandise Return Policy

There are no returns or refunds of any kind unless merchandise is proven to be damaged or defective. For all returns or exchanges of Merchandise that you can prove are damaged or defective, please contact us so that HDFS may assist in resolving the issue. HDFS 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 HDFS.

 

Experience Return/Refund Policy

All Experiences are non-refundable unless it has been canceled by HDFS. If you are scheduled to attend an Experience and do not, you will forfeit your purchase or reservation and will not have them refunded or your Experience rescheduled or exchanged. You will forfeit your purchase of that Experience and have no further recourse against HDFS or the Experience Provider.

 

HDFS will notify you via email if an Experience must be canceled or delayed due to unforeseen reasons. The email will include details of the changes and the refund, if applicable.

 

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 iterations 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, and you have placed the highest bid, you will only be charged the winning bid amount.

 

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.

 

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 confirming the bid was not captured in your 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. During the course of the Auction, the cardmember who was outbid will be notified via email that they have been out-bid and has an opportunity to increase the maximum bid.

 

6.6. Winning Bid

Should your bid be determined the winning bid, this will constitute a legally binding contract between you and HDFS and you will receive an email notification from HDFS. Your payment will be automatically charged to your H-D Visa card 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, HDFS will credit you any amount charged to your H-D Visa card in connection with the Auction, and HDFS 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 cardmember who placed the losing bid will be notified via email 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 HDFS, 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 so forth until an eligible winner is found. The winning bid amount will be automatically charged to the winner’s H-D™ Visa card on file.

 

6.9. Legal Compliance

By participating in an Auction via the Harley-Davidson® Visa Exclusives Site, you confirm that you are not breaching any laws in your country of residence regarding the legality of participating in such Auction. HDFS, 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 Site is governed by the H-D™ Privacy Policy and/or the Service Provider Policy which shall be deemed to be incorporated into these Terms and Conditions. In order for H-D 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 H-D and the Services Provider sharing certain of that information with third party providers as necessary to process and complete the required transaction. H-D 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 HDFS 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, 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 or claiming items through the Site, you enter into an agreement with HDFS and our Experience Providers. You expressly acknowledge and agree that Experience Providers are independent contractors and not employees or agents of HDFS, its affiliates or the Services Provider. Further you expressly agree that neither HDFS, 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, HDFS 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 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 HDFS and its affiliates from any liability with respect to the same. To the extent permitted by law, HDFS, its affiliates and its Service Providers 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

HDFS, 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. HDFS, its affiliates, the Experience Providers and the Services Provider are under no obligation to update any content on the Site. HDFS may change the content on or make improvement or changes to 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 HDFS, 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 HDFS, 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 HDFS 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. HDFS cannot and does not guarantee continuous, uninterrupted or secure access to the Site.

 

8.4. Legal Remedies

HDFS reserves the right to seek all remedies available at law and in equity for any misuse of the 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 claims against HDFS, its affiliates, its Service Providers, as well as 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 fault, negligence or otherwise, and you hereby expressly exonerate HDFS, its affiliates, its Service Providers, and the Experience Providers from any liability with respect to the same. To the extent permitted by law, HDFS, 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. Copyrights and Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of H-D U.S.A. LLC, its affiliates, its Service Providers, 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 HDFS, 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 contact us 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

HDFS 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, Experience or Merchandise, and your continued participation will constitute your acceptance of any such amendment, modification, or supplementation.

 

13. Entire Agreement and Amendments

This Agreement, these Terms and Conditions, the H-D™ Visa Exclusives FAQ's and individual listing Terms and Conditions (Agreements) contains the entire understanding of the Parties with respect to the subject matter hereof. All prior writings, discussions and agreements on the subject matter hereof are superseded by, and merged into, the Agreements. The Agreements may be amended only by express written agreement signed by HDFS, Experience Provider, and you.