These terms and conditions apply to the use of this web site (http://www.heartlandbiker.com). In using this web site for any purposes, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the web site. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control. If we waive any right available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any provision of the terms and conditions are found or held to be invalid, unenforceable or illegal by a court of law for any reason, such invalidity, unenforceability or illegality will not affect the remaining terms and conditions that nevertheless will continue in full force and effect.

TERMINOLOGY

In these terms and conditions:

• The expressions "we", "us" and "our" are reference to Heartland USA®.
• The expressions "you", "your" or "yours" are reference to you the user of this web site.
• The expressions "the goods", “the materials”, “the products”, “the parts” and “the items” are reference to any product supplied by us.

GOVERNING LAW

The terms and conditions related to this web site are governed by the laws in force in the United States of America. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction. You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.

Details contained on this web site relating to goods or services have been prepared in accordance with American law and may not satisfy the laws of any other country. We do not warrant that details on this web site concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy that laws of the jurisdiction where you reside (if that jurisdiction is outside the USA) and if the details do not satisfy the laws of your jurisdiction, you are not entitled to use this web site and are not entitled to rely on this information on this web site.

TERMINATION OF ACCESS

Access to this web site may be terminated by us at any time without notice. Our disclaimer will nevertheless survive any such termination. We also reserve the right to change or discontinue any feature of the web site, including the materials, hours of availability and equipment, required for access.

DISCLAIMER/LIABILITY

For the removal of doubt and to the fullest extent permitted by law, we disclaim all liability and responsibility for any direct or indirect loss, damage, interferences or injury, however caused (including through negligence), which may be suffered by you and to your computer system in connection with your use of this website or any linked website.

Nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, information contained, omitted or accessed through this web site. You also must take your own precautions to ensure that the process that you employ for accessing this web site does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system.

EXCEPTION TO THE DISCLAIMER

The disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

PRIVACY POLICY

We undertake to comply with the terms of our privacy policy which is annexed to these terms and conditions.

OWNERSHIP, COPYRIGHT, TRADEMARKS AND ADVERTISING

This website and sub-domains are owned and operated by Heartland USA®. Amercian and international copyright law protects all information such as text, graphics, images, icons and other material on this web site. You may not copy or modify any part of the material contained on this web site, unless provided with written authorisation from us. All names, logos and trademarks in this site are the property of Heartland USA® or their respective owners.

Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to, the conditions prescribed under the Copyright Act 1968 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not by any form or any means:

• Adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site;
• Commercialise any information, products or services obtained from any part of this web site without written permission.

Except where otherwise specified, any word or device to which is attached the TM or R symbol is a registered trademark. If you use any of our trademarks in reference to our activities, products or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks:

• in or as the whole part of your own trademarks;
• in connection with activities, products or services which are not ours;
• in a manner which may be confusing, misleading or deceptive;
• in a manner that disparages us or our information, products or services (including this web site).

All Harley-Davidson® Inc trademarks mentioned in this site are intended to be for descriptive purposes only and not to imply that they are endorsed by Harley-Davidson® Inc. The words Bad Boy®, Buddy Seat, Convertible, Disc Glide, Duo Glide®, Dyna Glide®, Electra Glide®, Evolution®, Fat Boy®, H-D®, Harley®, Harley-Davidson®, Heritage® Softail®, Heritage® Springer®, Hugger®, Hydra Glide®, Low Rider, Night Train®, Road Glide®, Road King®, Roadster®, Softail®, Softail® Deuce®, Sport Glide®, Sportster®, Springer®, Sturgis®, Super Glide®, Tour-Pak, Tour Glide®, Ultra Classic®, V-Fire III, VROD and Wide Glide® are all registered trademarks of Harley-Davidson, Inc.®, Milwaukee, Wisconsin, U.S.A.

The following model designations for Harley-Davidson® motorcycles are used in this website for reference only: EL, FL, FLH, FLHR, FLHRCI, FLHS, FLHT, FLHTC, FLHTC Ultra Classic, FLHTC-I, FLHTCUI, FLHX, FLST, FLSTC, FLSTF, FLSTN, FLSTS, FLSTSC/I, FLT, FLTC, FLTC Ultra Classic, FLTCU, FLTR, FLTRI, FLTRSEI, FX, FXB, FXD, FXDB, FXDC, FXDG, FXDL, FXDS-CON, FXDWG, FXDX, FXDXT, FXE, FXEF, FXLR, FXR, FXRC, FXRD, FXRDG, FXRP, FXRS, FXRS-CON, FXRSE, FXRS-SP, FXRT, FXS, FXSB, FXST, FXSTB, FXSTC, FXSTD, FXSTD-I, FXSTS, FXSTSB, FXWG, GE, K, KH, VROD®, VRSCA, VRSCB, WL, WLA, XL, XL1100, XL1200, XL1200C, XL1200R, XL1200S, XL883, XL883C, XL883R, XLCH, XLCR, XLH, XLH1100, XLH1200, XLH1200S, XLH883, XLR, XLS, XLT, XLX,XR1000 and their connection to Harley-Davidson® factory part numbers, as well as any printed matter, are not intended to imply that all of these parts are Harley-Davidson® original equipment.

Responsibility for the content of advertisements appearing on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.

PRODUCT AND FITMENT INFORMATION

To the best of our knowledge, all of the text, images, price information, specials and deals contained on this website or in any e-mail messages are accurate. However, we reserve the right to change any or all of the text, images, price information, specials and deals at any time without notice or warning. All parts listed on this web site are from independent aftermarket sources and, because of this, are not necessarily endorsed or recommended by any motorcycle manufacturer. To the fullest extent permitted by law, we disclaim all liability and responsibility for any direct or indirect loss or damage or injury which may be suffered by you whilst using any product supplied by us or installed by us.

All products on this web site are intended for and sold for aftermarket use only. Our part numbers and any relevant printed materials are not intended to imply that any of these parts are Harley-Davidson® original equipment or endorsed by Harley-Davidson®. Any motorcycle models or trademarked names mentioned in this site are the property of their owners and are intended for informational purposes only.

LINKS

This web site may contain links to other web sites ("Links"). These links are provided for your convenience only and may not remain current or maintained. We are not responsible for the content or privacy practices associated with them. You should read carefully the terms and conditions that appear on any site linked to this web site, as we are not responsible for any practices on linked sites. The inclusion of links in this web site should not be constructed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to, or contained on, those linked web sites, unless and to the extent stipulated to the contrary. We accept no liability for loss of any kind arising from the information on any linked site. You use and access a linked site at your own risk.

E-MAIL MESSAGES

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for troubleshooting or maintenance purposes or if any form of e-mail abuse is suspected.

AMENDMENTS TO AND TERMINATION OF THE TERMS AND CONDITION

We reserve the right to amend these terms and conditions at any time by posting the amended terms and conditions on this site. Amendments will be effective immediately upon notification on this web site. Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

These terms and conditions are effective until terminated by us. No notice will be given should we terminate the terms and conditions. When the terms and conditions have been terminated, they will be unavailable on this web site.

Dealer Agreement Terms and Conditions

Dealer:

Dealers consist of a motorcycle business (licensed, established, commercial location serving the general public in the areas of motorcycle sales, service and/or parts and accessories). Dealers are on pre‐paid terms unless approved for C.O.D. (company check). We reserve the right to refuse to sell to any account not meeting our requirements.

Back Orders:

Heartland USA® makes every effort to keep our products in stock at all times. Occasionally certain items may be back‐ordered and we will make every attempt to fill the orders as quickly as possible.
Payment: All orders are to be paid by credit card or bank transfer. Approved dealers can be setup on C.O.D. (company check) terms. Any check returned for NSF will result in a $25.00 processing charge and the loss of C.O.D. privileges.

Freight:

Orders will be shipped via UPS or USPS, unless otherwise stated. Refused shipments will result in a $25.00 processing charge. Returns: Returns must be made within 15 days upon receipt and require a “Returned Merchandise Authorization” number. To obtain an RMA number, contact our customer service department. Returned items are subject to a 20% re‐stocking fee.

Limited Warranty:

When you receive your order, carefully inspect all parts before installation. If you determine a part is defective, contact Heartland USA® for an RMA number. Parts will not be eligible for warranty if they have been installed. It is your responsibility to ensure the part is shipped carefully back to Heartland USA® for inspection. If there is further damage caused due to improper care, the part will no
longer be eligible for return.

Marketing & Advertising:

All Heartland USA® products shall be advertised at MSRP only. This includes websites and or any publicly printed advertising. U.S. dealers are limited to advertising and sales in the U.S. ONLY. International dealer’s advertising and sales are limited to their specific country. No Heartland USA® products are to be sold on any auction websites such as EBay or Amazon.com.

Web Orders Terms and Conditions