Website Terms of Use (USA)

1. INTRODUCTION
These Website Terms of Use (“Site Terms”) are being provided to United States visitors to the Royal Enfield-operated websites that link to these Site Terms (which we refer to collectively in these Site Terms as the “site,” which also includes all associated content, functionality, and services offered on or through the site).

The site is owned and operated by Royal Enfield North America Limited, who we refer to, together with our affiliates, as “Royal Enfield,” “us,” “we,” or “our.” When we refer to “you” and “your” in these Site Terms, we are referring to you as a visitor to and user of the site. The term “content” refers to any information presented on the site, and includes text, data, graphics, images, photographs, video, audio, and any other presentation of information.

2. ACCEPTANCE OF SITE TERMS
These Site Terms contain obligations you are expected to comply with and affect your legal rights. YOU SHOULD CAREFULLY READ THESE SITE TERMS. By using the site in any way, including browsing, creating an account, expressing an interest in any products, and/or using any interactive site tools, you are creating a binding contract between you and us, and you acknowledge that you have read, understood, and agreed to be bound by these Site Terms. If you do not agree to these Site Terms or to any other policy posted on the site, you should not access or otherwise use the site.

We may make changes to the site or these Site Terms at any time. Any modifications will be effective when the changes are posted to the site. It is your responsibility to check the site for updates to these Site Terms. You will be able to determine when these Site Terms were last updated by referring to the “Last Modified” legend at the top. By using the site after we post any changes to these Site Terms, you agree to accept those changes, whether or not you have reviewed them.

3. CREATING AN ACCOUNT AND PROVIDING INFORMATION
When you use certain features of the site, you may be asked or required to create an account. Creating an account will require you to enter your email address and a password.

Whenever you create an account or log in to an account tied to your email address, whenever you submit an expression of interest in any of our products, services, or events, and whenever you sign up to receive any newsletter or similar materials from us, whether as a guest user or an account holder, you represent, warrant, and agree that: (a) you are an individual, and are at least 18 years old, (b) you are using your actual identity, (c) you are a resident of the United States, (d) you have provided only true, accurate, current and complete information to us, and (e) you will maintain and promptly update the information that you provide to keep it true, accurate, current, and complete.

If you have an account, you agree not to disclose or share your login information to or with any third party. You also agree that you will be solely responsible for the maintenance and security of your login information. You also agree that you will be solely responsible for any activities conducted on or through the site, including any requests for products, using your account, regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your device.
If you become aware of any loss, theft, or unauthorized use of your account, please notify us immediately by contacting us at usmarketing@royalenfield.com.

4. MAKING PURCHASES/Pre-ORDERS ON THE SITE
From time to time, the site may offer you the option to reserve or place pre-orders for products. Any such reservations, pre-orders, or other purchases will be subject to additional terms that will be made available to you at the time you engage in such activity.
We strive to accurately describe our products or services offered on the site; however, we do not warrant that such specifications, pricing, or other content on the site is complete, accurate, reliable, current, or error-free. All descriptions of products and product pricing are subject to change, at any time and without notice. We reserve the right to discontinue any product at any time.

5. SITE USE REQUIREMENTS
You agree to use the site only for its intended purpose, as described on the site and in these Site Terms or any other site policy. Without limiting that general requirement, you agree that you will not, directly or indirectly:
• Use the site to submit or sent any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Create a false identity, or otherwise attempt to mislead us or any other person as to the identity or origin of any communication; or
• Otherwise use the site to engage in any activity, or any other activity that we deem in our sole discretion to be in conflict with the spirit and intent of the site and these Site Terms.
In addition, you understand and agree that the site and all content are to be used only for your personal, non-commercial use. Without limiting that general statement, you agree that you will not:
• Accumulate or index, directly or indirectly, through automated means or otherwise, any content or portion of the site for any purpose whatsoever;
• Use the site to compile mailing lists or other lists for commercial purposes;
• Use the site to establish independent data files or otherwise amass statistical information;
• Engage in any “screen scraping,” “database scraping,” or similar activities to obtain any content; or
• Publish or distribute in any medium any information contained on the site, and/or summaries or subsets thereof, to any person or entity.
Further, you understand that the site strives to protect its security and integrity and those of its users. You therefore agree that you will not (and will not attempt to):
• Access any other user’s account;
• Obtain or ascertain any other user’s personal information by any means whatsoever;
• Circumvent our security systems;
• Gain access to the site or any user account in a fraudulent manner; or
• Upload or submit any content containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.

We reserve all rights to monitor the site for any reason. However, we assume no responsibility or liability arising from any use of the site. We are under no obligation to enforce these Site Terms on your behalf against another user. We may suspend or terminate your access to the site at any time, with no liability to you, including if we are investigating any suspected noncompliance with these Site Terms.

6. EMAIL
We use email as a vital and primary communication channel with you. By using the site, if you provide us with an email address, such as when using the “Contact Us” or any similar features of the site, creating an account, reserving or expressing an in interest in any products, or opting into our newsletter or similar materials, you grant us permission to communicate with you by email for any purposes related to your use of the site, including for any disclosures, system messages and, subject to our obligations under applicable law, other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any email.

You agree that any notice, agreement, disclosure or other communication that we send you by email will satisfy any legal communication requirements, including that such communication be in writing.

7. SOCIAL MEDIA ACCOUNTS AND SHARING SITE CONTENT; LINKS TO OTHER WEBSITES
In addition to the site, we also like to interact with you on third party sites where we post content or invite your feedback, such as through our accounts on social media sites such as Facebook, Twitter, YouTube, and Instagram (“social media sites”). However, we do not control the social media sites, and these Site Terms and our other site policies do not apply to the social media sites. It is your responsibility to review the terms of use and other policies posted on the social media sites.

We may also from time to time include features on the site that allow you to share information from the site, or provide comments and feedback regarding the site, on various social media sites. These interactive features may link to, or require you to log into, one of your social media accounts, or may otherwise access or use your social media account information. This may result in our obtaining information about you (such as your social media account profile picture or other account information) from your social media service provider, and vice versa. Our collection and use of information will be subject to our privacy policy as posted on the site. However, we are not in control of your social media account or how the social media site providers use your information, which is governed by the setting and privacy policies of the social media sites. Again, you should review the terms of use and other policies posted on the social media sites.

Also, we and others may provide links to web pages, websites, and various resources or locations on the web (including the social media sites, and collectively referred to as “third party sites”). Links to third party sites are provided for the convenience of users of the site. We do not operate, control, endorse or guarantee any third party sites. When you access any third party sites through a link posted on the site, please carefully read the terms and conditions of use, privacy policy and other policies of such third party site. Our policies do not apply to any third party site.

8. OUR INTELLECTUAL PROPERTY
The site is owned by us, and you agree that, as between you and us, we own or otherwise have all proprietary rights to all content included on the site. We (or our licensors) also own or otherwise have all proprietary rights to the copyrights, trademarks, service marks, trade names and other intellectual and proprietary rights throughout the world associated with the content and the site, which are protected by applicable intellectual and proprietary rights and laws.

You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, any site content without our prior express written consent. You are permitted to use view, print, or download any content from the site solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You have a limited, non-exclusive and non-transferable license solely to view, print, and download content from the site solely for such limited permitted use. Any unauthorized use of the site and the content immediately and automatically without further action terminates this license. Notwithstanding the foregoing, you may not download, republish, retransmit, reproduce, or use in any other way any image on the site as a stand-alone file (i.e. separate from the article, text, caption, or other graphics used with the image in context on the site).

“Royal Enfield,” our logos, and our product and model names, and all related names, logos, products and service names, designs and slogans (collectively, “Royal Enfield Property”) are trademarks of us or our affiliates. You may not use any Royal Enfield Property without our prior written permission. Further, you may not use any metatags, meta elements, “hidden text” or other equivalents using any Royal Enfield Property or any other colorable equivalent without our prior written authorization.
You may not remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the site.

9. INDEMNITY
You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the site, your use of the site, your violation of these Site Terms or your violation of any rights of any third party.

10. DISCLAIMER
YOU ACKNOWLEDGE, AGREE AND UNDERSTAND THAT:

WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION, AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON.

IN THE EVENT OF AN ERROR ON THE SITE, IN ANY COMMUNICATION RELATING TO THE SITE, OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT THE ERROR IN ANY MANNER WE DEEM APPROPRIATE IN OUR SOLE DISCRETION. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION AT ANY TIME.
EXCEPT FOR ANY WRITTEN WARRANTY INCLUDED WITH THE PRODUCTS WE SELL, THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, THE SERVERS THAT MAKE THE SITE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE SITE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE.

CERTAIN OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION.

11. LIMITATIONS ON LIABILITY
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY US OR OUR AUTHORIZED REPRESENTATIVE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW A PARTICULAR LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THAT SAID, OUR TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO US, IF ANY, FOR THE APPLICABLE PRODUCTS OR TO ACCESS OR USE THE SITE.

12. OTHER SITE POLICIES

In addition to these Site Terms, your use of the site is governed by the other policies posted on the site, including our privacy policy, and any other posted rules, guidelines, or terms. All of these other site policies are incorporated by reference into these Site Terms.

13. GOVERNING LAW, CHOICE OF FORUM, JURY AND CLASS ACTION WAIVER
Please read the following section carefully, because it limits the manner in which you can seek relief from us.

The laws of the State of Wisconsin (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these Site Terms, including their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with your reservation and/or these Site Terms shall be brought solely in Milwaukee, Wisconsin.

YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER OR IN CONNECTION WITH THESE SITE TERMS.

FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.

14. INJUNCTIVE RELIEF
In the event you breach or threaten breach of these Site Terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, which court, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.