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LEGAL POLICIES |
Effective Date: July 2, 2024.
To download and/or print this Privacy Policy (“Privacy Policy”), click here.
Introduction and Scope
Welcome! The Kawasaki Motors Corp., U.S.A. (“KMC,” "we," "us," or "our") Privacy Policy is provided below. This Privacy Policy applies to your use of any online Service (e.g., website, software, mobile app, kiosk services, and certain e-mails we send) that posts a link to this Privacy Policy, regardless of how you access or use it. Click here for our Terms and Conditions of Use.
Your California Privacy Rights
California residents have certain privacy rights detailed in our California Consumer Privacy Notice here. If there is a conflict between this Privacy Policy and the California Consumer Privacy Notice, the California Consumer Privacy Notice will control with respect to California residents.
KMC PRIVACY POLICY
Thank you for visiting an online service (e.g., website, software, mobile app, kiosk services, and certain e-mails we send) that posts a link to this Privacy Policy (“Service(s)”) owned or operated by KMC. This Privacy Policy will provide you with information on how KMC collects, uses, and discloses information about you (including the choices KMC offers with respect to that information) and applies to your use of any Service, regardless of how you access or use it. It does not apply to KMC’s data collection activities offline or otherwise outside of the Service (unless otherwise stated below or at the time of collection). For certain Services, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they apply to you.
By visiting or otherwise using the Service, you agree to the Service’s Terms and Conditions of Use and consent to KMC’s data collection, use, and disclosure practices, other activities as described in this Privacy Policy, and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, please discontinue use of the Service, and uninstall any Service downloads and applications.
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Information about You that You Provide.
KMC, and/or its Service Providers (defined below), may collect information you provide directly to KMC and/or its Service Providers via the Service. For example, KMC collects information when you use or register for the Service, subscribe to notifications, post on the Service, participate in promotional activities, or communicate or transact through the Service. In addition, when you interact with Third-Party Services (defined below), you may provide information to those third parties. For more information on Third-Party Services’ data collection and practices click here. For more information on Service Provider data collection and practices click here.
Information KMC, its Service Providers, and/or Third-Party Services collect may include: your first and last name, e-mail address, phone number, IP address, shipping address, subscriber or user name and password, gender, age, zip code, interests, recent and upcoming purchases, and full payment account number (“Personally Identifiable Information” or “PII”). If you participate in the Kawasaki Sales Rewards or Contingency Rewards Programs, your Social Security Number may also be collected to comply with applicable law.
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Information Collected Automatically. KMC, its Service Providers, and/or Third-Party Services may also automatically collect certain information about you when you access or use the Service (“Usage Information”). Usage Information may include IP addresses, device identifiers, browser type and plug-ins, operating systems, JavaScript enabling, domain registration and configuration, geographic location, information about your use of the Service, and data regarding network connected hardware (e.g., computers or mobile devices). For more information on Third-Party Services’ data collection and practices click here. For more information on Service Provider data collection and practices click here. For information on choices some of these third parties may offer you regarding automated data collection click here.
The methods that may be used on the Service to collect Usage Information include:-
Log Information: Log information is data about your use of the Service, such as IP address, browser type, Internet service provider, referring/exit pages, operating system, date/time stamps, and related data, and may be stored in log files.
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Information Collected by Cookies and Other Tracking Technologies: Cookies, web beacons (also known as “tracking pixels”), embedded scripts, location-identifying technologies, device recognition technologies, in-app tracking methods, device and activity monitoring and other tracking technologies now and hereafter developed (“Tracking Technologies”) may be used to collect information about interactions with the Service or e-mails, including information about your browsing and purchasing behavior.
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A cookie is a small text file that is stored on a user’s device, that may function as session ID or tracking cookies. Session cookies make it easier for you to navigate the Service and expire when you close your browser. Tracking cookies remain longer and help in understanding how you use the Service and enhance your user experience. Cookies may remain on your hard drive for an extended period of time. If you use your browser’s method of blocking or removing cookies, some but not all types of cookies may be deleted and/or blocked, and as a result some features and functionalities of the Service may not work. A Flash cookie (or locally shared object) is a data file which may be placed on a device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your device. HTML5 cookies can be programmed through HTML5 local storage. Flash cookies and HTML5 cookies are locally stored on your device other than in the browser and browser settings won’t control them. To identify certain types of local shared objects on your device and adjust your settings, please visit here. The Service may associate some or all of these types of cookies with your devices.
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Web Beacons (“Tracking Pixels”)
Web beacons are small graphic images, also known as “Internet tags” or “clear gifs,” embedded in web pages and e-mail messages. Web beacons may be used, without limitation, to count the number of visitors to the Service, to monitor how users navigate the Service, and to count content views.
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An embedded script is programming code designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from KMC’s web server, or from a third party with whom KMC works, and is active only while you are connected to the Service and deleted or deactivated thereafter.
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Location-identifying Technologies
Global Positioning System (“GPS”) software, geo-filtering, and other location-aware technologies locate you (sometimes precisely), or make assumptions about your location, for purposes like verifying your location and delivering or restricting content, including third-party ads, based on your location. If you have enabled GPS or use other location-based features on the Service, your device location may be tracked by us and third parties. Our store finder feature may access and use information about your location, or your account information, to suggest appropriate store locations. Our Service content may be personalized based on various information we may have about you to try to provide you with more location-relevant content.
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Device Recognition Technologies
Technologies, including application of statistical probability to data sets, as well as linking a common unique identifier to different device use (e.g., a Facebook ID), which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user or household) (“Cross-device Data”).
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There are a variety of Tracking Technologies that may be included in mobile applications, and unlike cookies, these are not browser-based and cannot be controlled by browser settings. Some use device identifiers or other identifiers such as “Ad IDs,” or may use “SDKs” to associate app user activity to a particular app and to track user activity across apps. SDKs are blocks of code that may be installed in our mobile application by third-party companies with whom we work. SDKs help us understand how you interact with our mobile applications and collect certain information about the device and network you use to access our applications, such as the advertising identifier associated with your device and information about how you interact with our application.
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Device and Activity Monitoring
Technologies that monitor and may record certain of your interactions with the Service, and/or collect and analyze information from your device, such as, without limitation, your operating system, plug-ins, system fonts, and other data, for purposes such as identification, security, fraud prevention, troubleshooting, tracking and/or improving the Services and customizing or optimizing your experience on the Services.
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Some information about your use of the Service and certain third-party services may be collected using Tracking Technologies across time and services and used by KMC and third parties for purposes that include delivering relevant ads and/or other content to you on the Service and certain third-party services. See Section 10 regarding certain choices regarding these activities.
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- Information KMC Collects From Other Sources. KMC may also obtain information about you from other sources, including Service Providers and Third-Party Services. KMC is not responsible or liable for the accuracy of the information provided by third parties or for third-party policies or practices.
- Co-Branded Areas. Certain areas of the Service may be provided to you in association with third parties (“Co-Branded Areas”) and may require you to disclose Personally Identifiable Information to them. Such Co-Branded Areas will identify the third party and indicate if they have a privacy policy that applies to their collection and use of your information. If you elect to register for products and/or services, communicate with such third parties, or download their content or applications at Co-Branded Areas, you may be providing your information to both us and the third party. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Service, your Personally Identifiable Information may be disclosed to the identified third parties for that Co-Branded Area. We are not responsible for such third party’s data collection or practices and you should look to such third-party privacy policies for more information.
2. HOW WE USE THE INFORMATION WE OBTAIN.
KMC may use information about you, including Personally Identifiable Information, for any purposes not inconsistent with KMC’s statements under this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, the following:
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Providing Services to you and contacting you with information about our products and services, including reports and customer notifications;
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For editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of your behavior while using the Services, for product development, for content improvement, to inform advertisers as to how many visitors have seen or clicked on their advertisements, and to customize content and layout of the Services;
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To provide communications and mailings regarding Services updates, consumer surveys, new products and services, upcoming events, and status of orders placed online;
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To structure content for you to view, for marketing purposes, to improve the performance and availability of our Services, and to provide customer support;
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To market to you, better target your interests, analyze Services usage, improve our content, and customize the Services’ content and layout;
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To help analyze our web page flow, measure promotional effectiveness and store your user preferences;
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To contact you and deliver information to you that you have requested and that is targeted to your interests;
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Process your registration and manage your account;
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Fulfill other purposes disclosed at the time you provide Personally Identifiable Information or otherwise where we are legally permitted or are required to do so;
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Determine your location and manage digital content rights (e.g., territory restrictions); and
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Prevent and address fraud, breach of policies or terms, and threats or harm.
3. INFORMATION WE DISCLOSE TO THIRD PARTIES.
KMC may disclose Personally Identifiable Information to third parties or KMC’s affiliates (“Affiliates”) as follows:
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Advertising and Marketing: Subject to your communications choices explained in Section 10.D, and the rights of certain US state residents explained here, we may use your Personally Identifiable Information to advertise to you, and to send you marketing communications.
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Your Disclosure or Consent: As more fully described in Section 5 (Third-Party Content, Third-Party Services, Advertising and Analytics), your activities on the Service may, by their nature, result in the sharing of your Personally Identifiable Information with third parties and by engaging in these activities you consent to that and further sharing and disclosure to third parties. Such third-party data receipt and collection is subject to the privacy and business practices of that third party, not KMC.
KMC may also disclose your Personally Identifiable Information for any purposes not inconsistent with this Privacy Policy, or our written statements at the point of collection, and otherwise not prohibited by applicable law, including, without limitation:
- KMC’s agents, vendors, consultants, and other service providers (collectively “Service Providers”) may receive, or be given access to, your information, including, without limitation, Personally Identifiable Information and Usage Information, in connection with their work on KMC’s behalf, provided however, KMC does not authorize its Service Providers to use PII provided by KMC to the Service Providers to send you direct marketing messages other than related to KMC absent your consent. For more information on choices Service Providers may offer you click here.
- To comply with the law, law enforcement or other legal process, and, where permitted, in response to a government request such as a search warrant, subpoena or court order; and
- If KMC believes your actions are inconsistent with KMC’s Terms and Conditions of Use, user agreements, applicable terms or policies, or to protect the rights, property, life, health, security and safety of KMC, the Service or its users, or any third party.
In addition, KMC may disclose your Personally Identifiable Information in connection with or during negotiations of any proposed or actual financing of our business, or merger, purchase, sale, joint venture, or any other type of acquisition or business combination of all or any portion of KMC assets, or transfer of all or a portion of KMC’s business to another company, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding (“Corporate Transactions”).
4. SWEEPSTAKES, CONTESTS, AND PROMOTIONS.
KMC may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting Personally Identifiable Information. If you voluntarily choose to enter a Promotion, your information, including Personally Identifiable Information, may be disclosed to KMC, co-sponsors, Service Providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winners list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy. Please review those rules carefully.
5. THIRD-PARTY CONTENT, THIRD-PARTY SERVICES, ADVERTISING, AND ANALYTICS.
The Service may include hyperlinks to, or include on or in connection with, the Service (e.g., apps, plug-ins, application programming interfaces (“APIs”), and software development kits (“SDKs”)), websites, locations, platforms, applications or services operated by third parties (“Third-Party Service(s)”). Third-parties, including Meta, may use cookies, web beacons, and other Tracking Technology to collect information about you and use that information to provide measurement services, and target and deliver ads.
If you post information on a third-party service that references the Service (e.g., by using a hashtag associated with KMC or Affiliates in a tweet or status update), your post may be used on or in connection with the Service or otherwise by KMC and Affiliates. Both KMC and the third party may have access to certain information about you and your use of the Service and any Third-Party Service.
KMC may engage and work with Service Providers and other third parties to serve advertisements on the Service and/or on third-party services. Some of these ads may be tailored to your interest based on your browsing of the Service and elsewhere on the Internet, which may include use of precise location and/or Cross-device Data, sometimes referred to as “interest-based advertising” and “online behavioral advertising” (“Interest-based Advertising”), which may include sending you an ad on a third-party service after you have left the Service (i.e., “retargeting”).
KMC may use Google Analytics, Adobe Analytics, or other Service Providers for analytics services. These analytics services may use cookies and other Tracking Technologies to help KMC analyze Service users and how they use the Service. Information generated by these services (e.g., your IP address and other Usage Information) may be transmitted to and stored by these Service Providers on servers in the U.S. (or elsewhere) and these Service Providers may use this information for purposes such as evaluating your use of the Service, compiling statistic reports on the Service’s activity, and providing other services relating to Service activity and other Internet usage.
KMC is not responsible for, and makes no representations regarding, the policies or business practices of any third parties, including, without limitation, analytics Service Providers and Third-Party Services associated with the Service, and encourages you to familiarize yourself with and consult their privacy policies and terms of use. See Section 10 for more on certain choices offered by some third parties regarding their data collection and use, including regarding Interest-based Advertising and analytics.
6. DATA SECURITY AND MONITORING.
KMC takes reasonable measures to protect PII from loss, theft, misuse and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and KMC does not guarantee the security of your information collected through the Service.
To help protect you and others, KMC and its Service Providers may (but make no commitment to) monitor use of the Service, and may collect and use related information including Personally Identifiable Information for all purposes not prohibited by applicable law or inconsistent with this Privacy Policy, including, without limitation, to identify fraudulent activities and transactions; prevent abuse of, and investigate and/or seek prosecution for, any potential threats to or misuse of the Service; ensure compliance with the Terms and Conditions of Use and this Privacy Policy; investigate violations of or enforce these documents; improve the Services and your Services experiences, and to protect the rights and property of KMC and Affiliates, third parties, and other users. Monitoring may result in the collection, recording, and analysis of online activity or communications through our Service. If you do not consent to these conditions, you must discontinue your use of the Service.
The Services are operated in the United States. Given that KMC is part of an international family of businesses, our use of your information may involve the transmission of data on an international basis. This Service is not intended to collect Personal Information from, and is not intended for use by, residents of the European Union, EEA, and Switzerland, and KMC’s data collection processes are not designed to facilitate the use or storage of such information. Accordingly, the information KMC and its Service Providers collect is governed by U.S. law. If you are accessing the Service from outside of the U.S., please be aware that information collected through the Service may be transferred to, processed, stored, and used in the U.S. Data protection laws in the U.S. may be different from those of your country of residence. Your use of the Service or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information, including Personally Identifiable Information, in the U.S. as set forth in this Privacy Policy.
The Service is intended for a general audience and not directed to children less than thirteen (13) years of age. Some portions of the Service, however, may be intended as appropriate for a mixed audience of users under and over 13 years of age, or for users under 13 years of age (e.g., a separate “Kids” section). For further information on how KMC treats Children’s Personal Information (defined below) in connection with any children’s or mixed-use portions of the Service, please see the Children’s Privacy Policy posted thereon, which will be deemed incorporated herein for purposes of that part of the Service.
KMC does not intend to collect personal information as defined by the U.S. Children’s Online Privacy Protection Act (“COPPA”) (“Children’s Personal Information”) in a manner that is not permitted by COPPA, and for any children’s or mixed-use portions of the Service KMC will comply with COPPA. If we obtain knowledge that we have collected Children’s Personal Information in a manner not permitted by COPPA, we will remove such data to the extent required by COPPA.
9. ACCESSING AND CHANGING INFORMATION.
KMC may provide web pages or other mechanisms allowing you to delete, correct, or update some of your PII, and potentially certain other information about you (e.g., profile and account information). KMC will make good-faith efforts to make requested changes in KMC’s then-active databases as soon as practicable, but it is not always possible to completely change, remove, or delete all of your information or public postings from KMC’s databases and residual and/or cached data may remain archived thereafter. Further, we reserve the right to retain data (a) as required by applicable law; and (b) for so long as reasonably necessary to fulfill the purposes for which the data is retained except to the extent prohibited by applicable law.
10. CHOICES: TRACKING AND COMMUNICATIONS OPTIONS.
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Tracking Technologies Generally. Regular cookies may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options, so you may need to set them separately. Also, tools from commercial browsers may not be effective with regard to Flash cookies (also known as locally shared objects), HTML5 cookies, or other Tracking Technologies. For information on disabling Flash cookies, go to Adobe’s website here. Please be aware that if you disable or remove these technologies, some parts of the Service may not work and that when you revisit the Service your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.
Some App-related Tracking Technologies in connection with non-browser usage (e.g., most functionality of a mobile app) can only be disabled by uninstalling the app. To uninstall an app, follow the instructions from your operating system or handset manufacturer. Apple and Google mobile device settings have settings to limit ad tracking, and other tracking, but these may not be completely effective.
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, KMC currently does not alter KMC’s practices when KMC receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you can visit here, but KMC is not responsible for the completeness or accuracy of this third-party information. Some third parties, however, may offer you choices regarding their Tracking Technologies. One way to potentially identify cookies on our web site is to add the free Ghostery plug-in to your browser here, which according to Ghostery will display traditional, browser-based cookies associated with the web sites (but not mobile apps) you visit and privacy and opt-out policies and options of the parties operating those cookies. KMC is not responsible for the completeness or accuracy of this tool or third-party choice notices or mechanisms. For specific information on some of the choice options offered by third-party analytics and advertising providers, see the next section.
- Analytics and Advertising Tracking Technologies. You may exercise choices regarding the use of cookies from Google Analytics by going here or downloading the Google Analytics Opt-out Browser Add-on. You may exercise choices regarding the use of cookies from Adobe Analytics by going here (http://www.adobe.com/privacy/opt-out.html) under the section labeled “Tell our customers not to measure your use of their web sites or tailor their online ads for you.”
You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit here, and visit here for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, visit here. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile apps), your NAI / DAA browser-based opt-out may not, or may no longer, be effective. KMC supports the ad industry’s Self-regulatory Principles for Online Behavioral Advertising and expects that ad networks KMC directly engages to serve you Interest-based Advertising will do so as well, though KMC cannot guaranty their compliance. KMC is not responsible for effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs.
In addition, we may serve ads on third-party services that are targeted to reach people on those services that are also identified on one of more of our databases (“Matched List Ads”). This is done by using Tracking Technologies or by matching common factors between our databases and the databases of the Third-Party Services. For instance, we may use such ad services offered by Facebook or Twitter and other Third-Party Services. We are not responsible for these Third-Party Services, including, without limitation, their security of the data. If we use Facebook to serve Matched List Ads on Facebook services, you should be able to hover over the box in the right corner of such a Facebook ad, or go to your account settings, and find out what options Facebook offers you to control such ads. If we use Twitter Matched List Ads, you should be able to review your ad options in account settings on Twitter. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions, they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.
- Mobile Apps. With respect to KMC’s mobile applications (“apps”), you can stop all collection of data generated by use of the app by uninstalling the app. Also, you may exercise specific privacy choices, such as enabling or disabling certain features (e.g., location-based services, push notifications, etc.), by adjusting the permissions in your mobile device and/or the app’s settings. Beware that if GPS precise location services are disabled, other means of establishing or estimating location (e.g., connecting to or proximity to Wi-Fi, Bluetooth, beacons, or our networks) may persist. To learn more about how you can control location permissions using your mobile device’s operating system settings, please visit the following links depending on which device you use:
Android:
For Android 11.0 and above visit here
For earlier versions of Android visit here
iOS:
visit here - Communications. You can opt out of receiving certain promotional communications (emails or text messaging) from KMC at any time by (i) for promotional e-mails, following the instructions provided in emails to click on the unsubscribe link, or if available, by changing your communication preferences by logging onto your account; and (ii) for app push notifications, turning off push notifications on the settings of your device and/or the app, as applicable. Please note that your opt-out is limited to the e-mail address or phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt out of receiving promotional communications, KMC may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or KMC’s ongoing business relations.
- Cross-Device Data. To learn more about how you can exercise certain choices regarding Cross-device data for Interest-based Advertising, see the prior section regarding the DAA’s Interest-based Advertising choices.
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Nevada Residents. Nevada “consumers” have the right to instruct us not to “sell” “covered information” as those terms are defined by Chapter 603A of the Nevada Revised Statutes. Although we do not currently “sell” “covered information” of Nevada “consumers” as those terms are defined under that law, you may contact us here and provide your name, Nevada resident address, and email address to be verified and exercise your opt-out rights in the event we do sell covered information under that law in the future. If you change your email address or other contact information, contact us in the same manner to update your contact information to help facilitate your opt-out. Changing your contact information elsewhere (e.g., informational requests, account information, etc.) will not update your Nevada opt-out information and we will only use the information provided to our opt-out program for managing opt-outs. It is your responsibility to keep your opt-out information current. If after opting-out you direct us to share you covered information with others, we will do so regarding of your prior opt-out.
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Your California Privacy Rights.
Residents of California have additional rights explained here. -
Connecticut Privacy Notice. Connecticut law requires any person or entity that collects Social Security numbers from Connecticut residents in the course of business to create a privacy protection policy and to publish or display it publicly. It is our policy to protect the confidentiality of Social Security numbers in our possession from misuse and improper disclosure by maintaining and enforcing policies and physical and electronic safeguards against misuse and improper disclosure. Unlawful disclosure of Social Security numbers is prohibited, and access to them is limited to personnel who need access to such information in order to perform their job functions.
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Privacy Notice for Residents of Additional U.S. States.
This section supplements the other parts of our Privacy Policy and provides additional information for residents of certain U.S. states other than California, including Colorado, Connecticut, Montana, Oregon, Texas, and Virginia (each a “Covered State”). If you are a resident of a Covered State, please see below for more information regarding how to exercise the rights available under Covered State privacy laws. Capitalized terms defined in Covered State privacy laws that are used in this section shall have the same meaning as in the applicable law.
We may Process the following categories of Personal Data for the purposes described in the chart below. You can also learn more about our disclosure of Personal Data and the categories of Third Parties we disclose Personal Data to in the Information We Disclose to Third Parties section above.
Category of Personal Data Purposes for Processing Personal Identifiers
Commercial Information
Internet Usage Data
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Advertising and marketing, including interest-based advertising
Analytics
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as online advertisements
Warranty and recall purposes
Customer Service
Registration for events
Ordering, shipping, and returns
Government Compliance
Debugging to identify and repair errors that impair intended functionality
Allowing you to participate in the features we offer through our websites and apps, including a customized site or app experience
Protected Classification Characteristics, such as age and gender Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Advertising and marketing, including interest-based advertising
Analytics
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing
Geolocation Data Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Advertising and marketing, including interest-based advertising
Analytics
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as online advertisements
Registration for events
Ordering, shipping, and returns
Allowing you to participate in the features we offer through our websites and apps, including a customized site or app experience
Sensory Information, such as audio recordings of customer care calls Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as online advertisements
Warranty and recall purposes
Professional or Employment Information Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Advertising and marketing, including interest-based advertising
Analytics
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development
Inferences Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as online advertisements
Advertising and marketing, including interest-based advertising
Allowing you to participate in the features we offer through our websites and apps, including a customized site or app experienceWe may Process your Personal Data for Targeted Advertising. You have the right to opt out of the Processing of your Personal Data for Targeted Advertising, as described below.
We do not Sell Personal Data in exchange for money. However, some of our advertising practices may be considered a “Sale” under certain Covered State privacy laws. Covered State residents can opt out of the “Sale” of your Personal Data, which may overlap with your right to opt-out of Targeted Advertising.
We may disclose the categories of Personal Data listed below to advertising partners, social media platforms, data cooperatives, and exchanges.
- Personal Identifiers
- Commercial Information
- Internet Usage Data
- Geolocation Data
If you are a resident of a Covered State, subject to certain conditions and restrictions set out in applicable laws, you have the following rights with regard to your Personal Data:- Right to Access/Confirm. You have the right to know what Personal Data we may hold about you and access your Personal Data. Oregon residents may also request a list of specific third parties to which we disclose Personal Data. Oregon residents please note that the controller of your personal data is Kawasaki Motors Corp., USA.
- Right to Correct. You have the right to request that we correct inaccuracies in your Personal Data.
- Right to Delete. You have the right to request that we delete certain Personal Data that we have collected from or obtained about you.
- Right to Opt-Out of Sales. You have the right to opt-out of the Sale of Personal Data, which may overlap with your right to opt out of Targeted Advertising. You can opt out of Sales by clicking Do Not Sell or Share My Personal Information in the website footer and updating your cookie preferences.
- Right to Opt-Out of Targeted Advertising. You may request that we stop disclosures of your Personal Data for Targeted Advertising by clicking Do Not Sell or Share My Personal Information in the website footer and updating your cookie preferences.
- Right to Opt-Out of Profiling. You have the right to opt out of our processing of Personal Data for the purposes of profiling. Our profiling does not result in decisions that produce legal or similarly significant effects concerning your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements, and as such this right is not applicable.
- Right to Appeal. If you are unsatisfied with our actions related to the exercise of one of your privacy rights above, you may appeal our decision.
Residents of Covered States may submit their privacy requests using our web form here, or by calling (855) 976-2844. Please note that, depending on the nature of your request, you may be asked to provide information to verify your identity before your request can be processed. We will confirm receipt of your request and respond to your request as soon as we reasonably can and no later than legally required. We use commercially reasonable efforts to authenticate the identity of the consumer submitting a request.
If you choose to exercise any of the privacy rights described above, you will not receive discriminatory treatment from us.
12. CHANGES TO THIS PRIVACY POLICY.
We reserve the right to change this Privacy Policy prospectively, effective upon the posting of the revised Privacy Policy, and your use of our Service indicates your consent to the privacy policy posted at the time of use. If you have a subscription to a Service, material changes to the Privacy Policy will only become effective with respect to the aspect of that subscription Service at the end of the then-current term unless you otherwise consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision(s) shall be severed to the extent necessary for the remainder to be valid and enforceable.
If you have any questions about this Privacy Policy, please contact KMC here or at Kawasaki Motors Corp., U.S.A., P.O. Box 25252, Santa Ana, California 92799-5252 (Attention: General Counsel).
© 2024 Kawasaki Motors Corp., U.S.A. All Rights Reserved.
KAWASAKI MOTORS CORP., U.S.A. CALIFORNIA PRIVACY NOTICE
Effective February 9, 2023
This Kawasaki Motors Corp., U.S.A. (“AKM,” “Company,” “us,” “we,” or “our”) California Privacy Notice (“Notice”) is provided pursuant to the California Consumer Privacy Act as amended (the “CCPA”) and other laws specific to California consumers. This Notice supplements AKM’s other privacy policies and notices, including our main Privacy Policy Powersports and Engines. In the event of a conflict between any other Company policy, statement, or notice and this Notice, this Notice will prevail as to California consumers and their rights under the CCPA.
This Notice applies to Personal Information we collect online and offline. It applies to each of our websites that link to it and to all of our mobile applications, except the Rideology app, which has its own Privacy Notice.
- PERSONAL INFORMATION WE COLLECT & WHY WE COLLECT IT
“Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is publicly available, de-identified, or aggregated.Within the past 12 months, we collected the following categories of Personal Information about California consumers. We provided some relevant examples for each category, but the specific pieces of Personal Information we collected about you may vary depending on the nature of your interactions with us, and may not include all of the examples listed.
Category of Personal Information Categories of Sources from which Information was Collected Purposes for Collection 1. Identifiers, including name, title, alias, postal address, phone number, email address, online identifier, usernames and passwords for our websites and apps, security question/answer combinations, IP addresses, mobile device identifiers, social media usernames, driver’s license/state ID card number, national identification number, passport number
Directly from you
Automatically when you use our website or mobile apps
Our service providers, vendors and suppliers
Our affiliates
Kawasaki Dealers
Other businesses and individuals (such as family or friends who may refer us to you)
Advertising networks
Internet service providers
Data analytics providers
Government entities
Social networks
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Providing financing
Advertising and marketing, including interest-based advertising
Analytics
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as online advertisements
Warranty and recall purposes
Customer Service
Registration for events
Ordering, shipping, and returns
Government Compliance
Debugging to identify and repair errors that impair intended functionality
Allowing you to participate in the features we offer through our websites and apps, including a customized site or app experience
2. Personal Records Described in Cal. Civ. Code § 1798.80(e), including name, signature, Social Security number, physical characteristics or description (e.g., height, weight), address telephone number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or other financial information
Some Personal Information included in this category may overlap with other categories.
Directly from you
Automatically when you use our website or mobile apps
Our service providers, vendors and suppliers
Our affiliates
Kawasaki Dealers
Other businesses and individuals (such as family or friends who may refer us to you)
Advertising networks
Internet service providers
Data analytics providers
Government entities
Social networks
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Providing financing
Advertising and marketing, including interest-based advertising
Analytics
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as online advertisements
Warranty and recall purposes
Customer Service
Registration for events
Ordering, shipping, and returns
Government Compliance
Allowing you to participate in the features we offer through our websites and apps, including a customized site or app experience
3. Protected classification characteristics under California or federal law, including age (40 years or older), race, national origin, citizenship, marital status, sex (including gender, gender identity, gender expression, and related medical conditions), veteran or military status Directly from you
Our service providers, vendors and suppliers
Our affiliates
Kawasaki Dealers
Other businesses and individuals (such as family or friends who may refer us to you)
Government entities
Social networks
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Advertising and marketing, including interest-based advertising
Analytics
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing
4. Commercial Information, including records of personal property, products or services purchased, obtained, or considered, Vehicle Identification Number (“VIN”), contents of communications with us, and other purchasing or consuming histories or tendencies. Includes promotional information such as customer reviews, rewards program information, responses to surveys, competitions, and sweepstakes Directly from you
Our service providers, vendors and suppliers
Our affiliates
Kawasaki Dealers
Other businesses and individuals (such as family or friends who may refer us to you)
Government entities
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Providing financing
Advertising and marketing, including interest-based advertising
Analytics
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as online advertisements
Warranty and recall purposes
Customer Service
Ordering, shipping, and returns
Allowing you to participate in the features we offer through our websites and apps, including a customized site or app experience
5. Internet or other electronic network activity information, including browsing history, search history, and information regarding your interactions with our websites, apps, or advertisements Directly from you
Automatically when you use our website or mobile apps
Our service providers, vendors and suppliers
Our affiliates
Kawasaki Dealers
Advertising networks
Internet service providers
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Providing financing
Advertising and marketing, including interest-based advertising
Analytics
For internal research and auditing, including as relates to technical and product development as well as online advertisements
Debugging to identify and repair errors that impair intended functionality
Allowing you to participate in the features we offer through our websites and apps, including a customized site or app experience
6. Geolocation Data, including your physical location based on information you provide directly, based on your device location if you use our apps, or inferred from your IP address Directly from you
Automatically when you use our website or mobile apps
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Providing financing
Advertising and marketing, including interest-based advertising
Analytics
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as online advertisements
Registration for events
Ordering, shipping, and returns
Allowing you to participate in the features we offer through our websites and apps, including a customized site or app experience
7. Sensory information, including audio recordings of customer care calls, visual, or similar information Directly from you Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Advertising and marketing, including interest-based advertising
Analytics
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as online advertisements
Warranty and recall purposes
8. Professional or Employment Information, including company name, office location, job title/role, dates of employment, compensation, or other similar professional or employment-related information Directly from you
Our service providers, vendors and suppliers
Our affiliates
Kawasaki Dealers
Other businesses and individuals (such as family or friends who may refer us to you)
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Providing financing
Advertising and marketing, including interest-based advertising
Analytics
Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development
9. Inferences from other Personal Information, including your preferences, characteristics, psychological trends, predispositions, behavior, and attitudes based on other Personal Information collected about you Drawn from the other categories of Personal Information we collect. Undertaking activities to verify or maintain the quality or safety of our products, and to improve, upgrade, or enhance our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as online advertisements
Advertising and marketing, including interest-based advertising
Allowing you to participate in the features we offer through our websites and apps, including a customized site or app experience
We may use any Personal Information we collect to detect or prevent fraud against you and/or us, or as otherwise legally required. - SENSITIVE PERSONAL INFORMATION
Within the past twelve (12) months, we collected the categories of Sensitive Personal Information about California consumers that are indicated in the chart below. Note that the Sensitive Personal Information we collect may vary depending on the nature of your interactions with us and may not include all of the examples listed below.Category of Sensitive Personal Information Categories of Sources from which Information was Collected Purposes for Collection / Use / Disclosure Categories of Recipients to which Information was Disclosed Personal Information that reveals a consumer’s Social Security, driver’s license, state identification card, or passport number Directly from you
Our service providers, vendors and suppliers
Our affiliates
Kawasaki Dealers
Other businesses and individuals (such as family or friends who may refer us to you)
Government entities
Performing Services or Providing a Product
Vehicle Registration
Test Vehicles
Financial Checks
Service Providers who help us run our business
Kawasaki Dealers
Government entities
Personal Information that reveals a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account
Directly from you
Kawasaki Dealers
Performing Services or Providing a Product
Vehicle Registration
Test Vehicles
Financial Checks
Service Providers who help us run our business
Kawasaki Dealers
Personal Information that reveals a consumer’s precise geolocation (location within a radius of 1,850 feet)
Directly from you
Automatically when you use our website or mobile apps
Performing Services or Providing a Product Service Providers who help us run our business
Kawasaki Dealers
Personal Information collected and analyzed concerning a consumer’s health
Directly from you
Performing Services or Providing a Product
Kawasaki Entities
We do not use or disclose Sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA. - HOW LONG WE KEEP YOUR PERSONAL INFORMATION
Category of Personal Information or Sensitive Personal Information Retention Period Personal Information Identifiers Our record retention schedule prescribes minimum retention periods of this information for business, legal, or operational requirements, including:
- five (5) years for records related to customer service;
- seven (7) years for records related to vehicle buybacks and product support;
- ten (10) years for records related to dealer service hotline;
- active period plus ten (10) years for records related to promotions, contests and incentives.
Personal Information described in Cal. Civ. Code § 1798.80(e) Our record retention schedule prescribes minimum retention periods of this information for business, legal, or operational requirements, including:
- five (5) years for records related to customer service;
- seven (7) years for records related to vehicle buybacks and product support;
- ten (10) years for records related to dealer service hotline;
- active period plus ten (10) years for records related to promotions, contests and incentives.
Characteristics of protected classifications Our record retention schedule prescribes minimum retention periods of this information for business, legal, or operational requirements, including:
- five (5) years for records related to customer surveys;
- active period plus ten (10) years for records related to promotions, contests and incentives.
Commercial information Our record retention schedule prescribes minimum retention periods of this information for business, legal, or operational requirements, including:
- five (5) years for records related to customer service;
- seven (7) years for records related to vehicle buybacks and product support;
- ten (10) years for records related to dealer service hotline;
- active period plus ten (10) years for records related to promotions, contests and incentives.
Internet or other electronic network activity information We treat this information as transitory and maintain for only so long as it serves its temporary business purpose.
Geolocation data We treat this information as transitory and maintain for only so long as it serves its temporary business purpose.
Sensory information Our record retention schedule prescribes minimum retention periods of this information for business, legal, or operational requirements, including:
- five (5) years for records related to customer service.
Professional or employment-related information Our record retention schedule prescribes minimum retention periods of this information for business, legal, or operational requirements, including:
- active period plus ten (10) years for records related to promotions, contests and incentives.
Inferences Our record retention schedule prescribes minimum retention periods of this information for business, legal, or operational requirements, including:
- five (5) years for records related to customer surveys.
Sensitive Personal Information Social security, driver’s license, state identification card, or passport number Our record retention schedule prescribes minimum retention periods of this information for business, legal, or operational requirements, including:
- five (5) years for records related to customer service;
- seven (7) years for records related to vehicle buybacks and product support;
- ten (10) years for records related to dealer service hotline;
- active period plus ten (10) years for records related to promotions, contests, and incentives.
Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account Our record retention schedule prescribes minimum retention periods of this information for business, legal, or operational requirements, including:
- five (5) years for records related to customer service;
- seven (7) years for records related to vehicle buybacks and product support;
- ten (10) years for records related to dealer service hotline;
- active period plus ten (10) years for records related to promotions, contests, and incentives.
Precise geolocation We treat this information as transitory and maintain for only so long as it serves its temporary business purpose.
Personal Information collected and analyzed concerning a consumer’s health We do not generally maintain this type of information, and our record retention schedule does not prescribe a retention period for it.
- DISCLOSURES AND SALES OF PERSONAL INFORMATION
Under California law, a “sale” of Personal Information does not necessarily involve an exchange of money. Instead, the term also includes disclosures of Personal Information to third parties under circumstances where the third parties may use the information for their own purposes.
The two charts below show the categories of Personal Information we have sold, shared with third parties for cross-context behavioral advertising, or disclosed to our service providers and contractors for a business or commercial purpose during the last twelve (12) months. We do not have actual knowledge that we sell or share the Personal Information of consumers under sixteen (16) years of age.
Sales and Sharing of Personal Information
Category of Personal Information or Sensitive Personal Information Categories of Third Parties to which Information was Sold or Shared Purposes for Selling / Sharing Identifiers Advertising partners
Social media platforms
Data cooperatives, exchanges, and data brokers
For co-marketing purposes or to promote other products and services that may interest you
Ad targeting, remarketing, and customizing advertising content
Commercial Information
Shared with Business Partners
For co-marketing purposes or to promote other products and services that may interest you
Internet or other electronic network activity Advertising partners
Social media platforms
Data cooperatives, exchanges, and data brokers
For co-marketing purposes or to promote other products and services that may interest you
Ad targeting, remarketing, and customizing advertising contentGeolocation Advertising partners
Social media platforms
Data cooperatives, exchanges, and data brokers
For co-marketing purposes or to promote other products and services that may interest you
Ad targeting, remarketing, and customizing advertising content
Disclosures for a Business or Commercial Purpose
Category of Personal Information or Sensitive Personal Information Categories of Recipients to which Information was Disclosed Purposes for Disclosure Personal Information Identifiers Service providers who help us to run our business
Our business partners
Our business customers
External Auditors
Public Authorities and government agencies
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Providing financing
Advertising and marketing, including interest-based advertising
Analytics
Verifying and maintaining the quality or safety of our products, and improving, upgrading or enhancing our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as offline advertisements
For warranty and recall purposes
To register you for events
Debugging to identify and repair errors that impair existing intended functionality
For internal use by the service provider
Personal Records described in Cal. Civ. Code § 1798.80(e) Service providers who help us to run our business
Our business partners
Our business customers
External Auditors
Public Authorities and government agencies
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Providing financing
Advertising and marketing, including interest-based advertising
Analytics
Verifying and maintaining the quality or safety of our products, and improving, upgrading or enhancing our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as offline advertisements
For warranty and recall purposes
To register you for events
Debugging to identify and repair errors that impair existing intended functionality
For internal use by the service provider
Protected classifications under California or federal lawService providers who help us to run our business
Our business partners
To market events
Commercial information Service providers who help us to run our business
Our business partners
Our business customers
External Auditors
Public Authorities and government agencies
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Providing financing
Advertising and marketing, including interest-based advertising
Analytics
Verifying and maintaining the quality or safety of our products, and improving, upgrading or enhancing our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as offline advertisements
For warranty and recall purposes
To register you for events
Debugging to identify and repair errors that impair existing intended functionality
For internal use by the service provider
Internet or other electronic network activity information Service providers who help us to run our business
Our business partners
Verifying customer information
Advertising and marketing, including interest-based advertising
Analytics
Verifying and maintaining the quality or safety of our products, and improving, upgrading or enhancing our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as offline advertisements
Debugging to identify and repair errors that impair existing intended functionality
For internal use by the service provider
Geolocation data Service providers who help us to run our business
Our business partners
Marketing events
Maintaining and Servicing Accounts
Sensory information Service providers who help us to run our business
Our business partners
Verifying customer information
Ensuring the quality of our customer service
Verifying and maintaining the quality or safety of our products, and improving, upgrading or enhancing our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as offline advertisements
Professional or employment-related information Service providers who help us to run our business
Our business partners
Our business customers
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Providing financing
Advertising and marketing, including interest-based advertising
Analytics
Verifying and maintaining the quality or safety of our products, and improving, upgrading or enhancing our products, services, websites, and apps
For internal research and auditing, including as relates to technical and product development as well as offline advertisements
For warranty and recall purposes
To register you for events
Debugging to identify and repair errors that impair existing intended functionality
For internal use by the service provider
Sensitive Personal Information Social security, driver’s license, state identification card, or passport number Kawasaki Dealers
Service Providers who help us Run our Business
Public Authorities and government agencies
Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Providing financing
For internal research and auditing, including as relates to technical and product development as well as offline advertisements
Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account Service Providers who help us Run our Business Maintaining and servicing accounts
Providing customer service
Processing or fulfilling orders and transactions
Verifying customer information
Processing payments
Providing financing
For internal research and auditing, including as relates to technical and product development as well as offline advertisements
Precise geolocation Service Providers who help us Run our Business Maintaining and servicing accounts
Providing customer service
Personal Information that reveals a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership Service Providers who help us Run our Business For internal research and auditing, including as relates to technical and product development as well as offline advertisements -
CALIFORNIA PRIVACY RIGHTS
California residents have the right to submit certain requests relating to their Personal Information as described below. Please note that when submitting a request, you may be asked to provide information to verify your identity before action is taken. You may designate an authorized agent to make the requests below on your behalf. An authorized agent must submit proof to us that he or she has been authorized by you to act on your behalf, and you will still need to verify your identity directly with us before we can process the request.To submit a request, please use our Consumer Rights Request Form or call (855) 976-2844.
- THE RIGHT TO KNOW
If you are a California resident, you have the right to request more information regarding the following, to the extent applicable:
- The categories of Personal Information we have collected about you
- The categories of sources from which the Personal Information was collected
- Our business or commercial purposes for collecting (or selling—if applicable) your Personal Information
- The categories of third parties with which we shared your Personal Information
- The categories of Personal Information about you that we sold in the preceding twelve (12) months, and for each category identified, the categories of third parties to which we sold that particular category of Personal Information
- The categories of Personal Information that we disclosed for a business purpose in the preceding twelve (12) months, and for each category identified, the categories of third parties to which we disclosed that particular category of Personal Information
- The specific pieces of Personal Information we have collected about you
You may submit a request for this information as described above. In connection with submission of your request, we will need to take steps to verify your identity before action is taken. - THE RIGHT TO OPT OUT OF SALES AND SHARING OF PERSONAL INFORMATION
Although we do not sell your Personal Information in exchange for money, some of the ways in which we share your Personal Information for advertising or marketing may be considered a “sale” under California law. If you are a California resident and would like to opt out of our use of your information for these purposes, you may do so by submitting a request through our webform or by downloading and using a browser supporting the Global Privacy Control (GPC) browser signal. If you choose to use the GPC signal, you will need to turn it on for each browser you use. - THE RIGHT TO DELETE
You may request that we delete your Personal Information that we have collected directly from you and are maintaining. Following receipt of a request to delete, we will let you know what Personal Information we can delete from our records, and we will direct any of our service providers that may have processed your Personal Information on our behalf to delete your Personal Information from their records. There may be circumstances where we cannot delete your Personal Information or direct service providers to delete your Personal Information from their records. For example, if we need to: (1) retain your Personal Information to complete a transaction or provide services to you; (2) keep you enrolled in our rewards program; (3) for purposes of a product warranty or recall; (4) detect security incidents; (5) protect against unlawful activities; (6) identify, debug or repair errors; or (7) comply with a legal obligation. You may submit a request to delete as described at the beginning of Section 4. In connection with submission of your request, we will need to take steps to verify your identity before action is taken. - THE RIGHT TO CORRECT
If you believe that Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information. - NON-DISCRIMINATION
You have the right to not receive discriminatory treatment for exercising your CCPA privacy rights. We do not use the fact that you have exercised or requested to exercise any CCPA rights for any purpose other than facilitating a response to your request. - NOTICE OF FINANCIAL INCENTIVE
This Notice of Financial Incentive applies to the loyalty and rewards programs run by Kawasaki Motors Corp., U.S.A. (“AKM,” “we,” “us,” or “our”). AKM operates various rewards programs, including the Kawasaki Team Green™ Racer Rewards Program (“Racer Rewards Program” or the “Program”).
Participating in the Racer Rewards Program is entirely optional but is subject to its terms and conditions. To participate, you must opt-in by signing up for a Racer Rewards Program account, here. Additional information is included in the Program FAQs. We may add or change programs and/or their material terms by posting notice on our websites, so please check them regularly. We will not discriminate against you based on your enrollment in, lack of enrollment in, or withdrawal from our Program.
Incentives OfferedThe Racer Rewards Program offers financial assistance to KX™️, Ninja®/ZX™️ and Teryx KRX® 1000 racers who demonstrate strong race results and prove to be influential in the promotion of AKM products at the local, regional, and national levels. Rewards payouts are made through a Prepaid Mastercard provided by AKM and issued by The Bancorp Bank, Member FDIC. Additional terms may apply to this Mastercard. Payouts are contingent upon racer’s participation and placement in eligible races, and are designed to reflect the value racers provide in promoting our products and brand. The payout schedule is provided for here under Schedule/Payout.
Additionally, Racers may apply at Kawasaki dealerships to join the Racer Support Program, which is operated as an adjunct to the Racer Rewards Program, and offers rebates on the purchase of eligible models via the Prepaid Mastercard. Individual dealerships accept racers into the Racer Support Program at their discretion. After a racer has been approved by an eligible dealership, enrolled into the Racer Rewards Program, and received their Prepaid Mastercard, a rebate will be issued to the card, the amount of which will vary according to the model purchased.
Categories of Personal Information Collected
We collect the following categories of Personal Information in connection with the Program:- Identifiers
- Personal Records Described in Cal. Civ. Code § 1798.80(e)
- Protected classification characteristics
- Commercial Information
- Internet or other electronic network activity information
- Geolocation Data
- Audio, electronic, visual, thermal, olfactory, or similar information
- Professional or Employment Information
- Inferences
Examples of the types of information included in each of these categories are included above, under Personal Information We Collect & Why We Collect It.
Value of Consumer Data
Although the primary purpose of the Program is to reward members for their efforts in promoting AKM’s products and the Kawasaki brand, any financial incentive offered through the Program also reasonably accounts for the value of the Personal Information provided by participants. AKM has made a good faith estimate of the value of consumers’ Personal Information based on relevant expenses related to the collection and retention of Personal Information as part of the Program.
Withdrawing from Our Rewards Programs
Should you wish to delete your Personal Information associated with the Program (and thereby cancel your participation in the Program), please contact us at Kawasaki Sales Rewards Customer Service or (866) 535-2544. Upon a termination request, some Program data associated with the terminated account may be retained for recordkeeping, tax reporting, and other legally permissible purposes. Using your right to know the Personal Information we collected about you or opting-out of the sale of your Personal Information will not impact your ability to participate in the Program.
- THE RIGHT TO KNOW
- THIRD-PARTY MARKETING
Separate from your CCPA rights, you may obtain a list of the third parties to which we have disclosed Personal Information, as defined under California Civil Code Section 1798.83(e) (a/k/a the “Shine the Light Law”), during the preceding calendar year for third-party direct marketing purposes. To submit a request, please email us at privacy@kawasaki-usa.com or send a letter to us at Kawasaki Motors Corp., U.S.A., 26972 Burbank, Foothill Ranch, CA 92610 (Attention: General Counsel). Requests must include “California Privacy Rights Request” in the first line of the description, and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through the provided email address or mail address. Because these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately. - DO NOT TRACK
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no consensus among industry participants as to what “Do Not Track” means in this context. Like many online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. We do, however, respond to the Global Privacy Control (“GPC”) signal for California residents wishing to opt-out of the “sale” of their Personal Information. For more information, please see the description of your CCPA rights, above. - OTHER CALIFORNIA NOTICES
- California Minors
California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the services, can request removal by contacting us here, detailing where the content or information is posted and attesting that you posted it. We will then make reasonable, good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control. - eCommerce
In accordance with California Business and Professions Code § 17538 et al., the legal name under which we conduct business online is Kawasaki Motors Corp., U.S.A., and our business addresses are:
Kawasaki Motors Corp., U.S.A.
26972 Burbank
Foothill Ranch, CA 92610
Kawasaki Motors Corp., U.S.A.
5080 36th St SE
Grand Rapids, MI 49512
Within five (5) days of our receipt of your request, California residents may receive verification of this information by email by contacting us here.
You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: https://www.dca.ca.gov.
- California Minors
- HOW TO CONTACT US
For more information on your California privacy rights, please contact us here, call us at (855) 976-2844, or write us at:
ATTN: Legal – California Privacy Rights
Kawasaki Motors Corp., U.S.A.
26972 Burbank
Foothill Ranch, CA 92610
Legal Notices
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Effective Date
October 1, 2024
Introduction and Scope
These Terms and Conditions of Use (“Terms”) describe the rules that apply to the websites and online services, software, or apps provided by Kawasaki Motors Corp., U.S.A. (“KMC,” “we,” “us,” or “our”) that post a link to these Terms (the “Service”). Please read these Terms carefully as they govern your use of the Service.
By visiting or otherwise using the Service in any manner, you agree to the then-posted Terms and any applicable Additional Terms (defined below), agree to be bound by them, and agree that you have read and understood them. You also acknowledge, agree, and consent to our data practices as described in our Privacy Policy and any Children’s Privacy Policy posted on the applicable portion of the Service.
These Terms affect your legal rights, responsibilities, and obligations; govern your use of the Service; are legally binding; and limit KMC’s liability to you. If you do not wish to be bound by these Terms and any Additional Terms, do not use the Service and uninstall Service downloads and applications.
Additional Terms
In some instances, additional or different terms, posted on the Service, such as the Terms and Conditions of Sale for Kawasaki Motors Corp., U.S.A. Websites, apply to your use of certain parts of the Service (individually and collectively, “Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
Table of Contents
- ELIGIBILITY
- OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE AND CONTENT
- CONTENT YOU SUBMIT
- SERVICE AND CONTENT USE RESTRICTIONS
- CREATING AN ACCOUNT
- PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
- NOTICES, QUESTIONS AND CUSTOMER SERVICE
- PRODUCT SPECIFICATIONS; PRICING; TYPOGRAPHICAL ERRORS
- DISPUTE RESOLUTION TERMS INCLUDING CLASS ACTION AND JURY TRIAL WAIVER
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
- LIMITATIONS OF OUR LIABILITY
- UPDATES TO TERMS
- GENERAL PROVISIONS
If you use the Service and its features or register for an account, you represent that you are at least the age of majority in your jurisdiction. By using the Service and its features, you represent and warrant that (a) you possess the legal right and ability to enter into these Terms; (b) your use of the Service will be in accordance with these Terms; (c) all registration information you submit is truthful and accurate and you will maintain the accuracy of such information; and (d) your use of the Service and its features is legal in and does not violate any laws or regulations where you live or from where you access the Service.
Your use of the Service may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations, including the Export Administration Regulations and sanctions control programs of the United States. In particular, you represent and warrant that you (a) are not a prohibited party identified on any government export exclusion lists or a member of a government of any other export-prohibited countries as identified in applicable export and import laws and regulations; (b) will not transfer software, technology, or other technical data via the Service to export-prohibited parties or countries; (c) will not use the Service for military, nuclear, missile, chemical, or biological weaponry end uses in violation of United States export laws; (d) will not access or use the Service from a country or region that is targeted for comprehensive trade sanctions by the United States government; and (e) will not transfer, upload, or post via the Service any software, technology, or other technical data in violation of United States or other applicable export or import laws.
2. Ownership and Your Rights to Use the Service and Content.
A. Ownership. The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names, and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by KMC, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of KMC, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property, and unfair competition rights and laws to the fullest extent possible. KMC owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Content solely for your internal commercial use only. Other than as specifically provided in these Terms, you may not use, copy, download, reproduce, republish, distribute, transmit, broadcast, display, assign, license, sublicense, sell, alter, prepare derivative works of, or otherwise exploit the Content (in whole or in part) without our prior, express, and written permission. You do not have any ownership rights to the Service or any of its Content.
B. Your Rights to Use the Service and Content. Your right to use the Service and Content is subject to your strict compliance with these Terms and the Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use only (collectively, the following are the “KMC Licensed Elements”):
C. Rights of Others. In using the Service, you must respect the Intellectual Property and rights of others and KMC. Your unauthorized use of Content may violate the rights of others and applicable laws, and may result in your civil and criminal liability. If you believe that your work has been infringed via the Service, see Section 6 below.
D. Reservation of all Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to use and access the Service and content. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY KMC AND ITS LICENSORS AND OTHER THIRD PARTIES. Any unauthorized use of any Content or the Service for any purpose is prohibited.
E. Third-Party Services. We are not responsible for third parties or their content, advertisement(s), apps, or sites (“Third-Party Services”). For instance, portions of the Service may be integrated into or linked to third-party sites, platforms, and apps that we do not control. Similarly, we may make third-party ads and other Third-Party Services, which we also may not control, available to you on or via our Service. This may include the ability to register or sign into our Services using Facebook, Twitter, or other third-party tools, and to post content on Third-Party Services and sites using their plug-ins made available on our Services. Use caution when dealing with third parties and consult their terms of use and privacy policies. We take no responsibility for Third-party Services. If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services.
Terms Applicable For Apple iOS.
(i) To the extent that you are accessing the Service through an Apple mobile application, you acknowledge that these Terms are entered into between you and KMC and that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) The license granted to you by KMC under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Service.
(iii) You acknowledge that KMC, and not Apple, is responsible for providing the Service and Content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and KMC, KMC, and not Apple, is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party’s Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology, or service that interacts with the Service.
(x) Your use of real time route guidance on the Service (if any) is at your sole risk. Location data may not be accurate.
Terms Applicable for Google Play Store
(i) You acknowledge that Google is not responsible for providing support services for the mobile application.
(ii) If any of the terms and conditions in these Terms are inconsistent with the Google Play Development Distribution Agreement, located here, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict.
A. User-Generated Content. You grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of any material or information you post or submit to us (on or via the Service, or by means other than the Service, including without limitation via our social media pages and accounts such as Facebook, Twitter and LinkedIn) (“Submissions”), and derivative works thereof, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same, all without any obligation to you not required by applicable law, or explicit terms of our Privacy Policy or applicable Additional Terms. As permitted by applicable law, and subject to any explicit terms of our Privacy Policy and applicable Additional Terms, you also irrevocably consent to our use and association of your name (and, if part of a Submission, your likeness) in connection with your Submissions and derivatives thereof. As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any Submissions, even if a Submission is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. In addition, we and our successors, assigns, and licensees retain all of the rights held by members of the general public with regard to your Submissions. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future Intellectual Property rights relating to your Submissions.
4. Service and Content Use Restrictions.
A. Service Use Restrictions. You agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any Intellectual Property; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to KMC; (iv) modify, translate, decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Service by any means whatsoever or modify any Service source or object code or any Software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user’s access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, KMC, or other users of the Service; (vi) interfere with or circumvent any security feature (including any digital rights management mechanism, device or other content protection or access control measure) of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the UGC; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service or other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
B. Content Use Restrictions. You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other Intellectual Property and other notices contained in such content; (iv) will not use such content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) will not make any modifications to such content (other than to the extent of your specifically permitted use of the KMC Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate, or transfer to any third party or on any third-party application or website, or otherwise use or exploit such content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of KMC or, in the case of content from a licensor, the owner of the content; and (vii) will not insert any code or product to manipulate such content in any way that adversely affects any user experience or the Service.
C. Availability of Service and Content. KMC, in its sole discretion and without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason.
A. If you register with us or create an account, you are solely responsible and liable for the security and confidentiality of your access credentials, for restricting access to your Device, and for all activity under your account. Usernames and passwords must be personal and unique, must not violate the rights of any person or entity, and must not be offensive. We may reject the use of any password, username, or email address for any reason in our sole discretion. You are solely responsible for your registration information and for updating and maintaining it. You will immediately notify us here of any unauthorized use of your account, password, or username, or any other breach of security, but will remain responsible for any unauthorized use thereafter. You will not sell, transfer, or assign your account or any account rights.
B. Accounts may only be set up by an authorized representative of the individual that is the subject of the account. We do not review accounts for authenticity and are not responsible for any unauthorized accounts that may appear on the Service. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
6. Procedure For Alleging Copyright Infringement.
If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Service that is purportedly infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by contacting us here.
If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
KMC will only respond to DMCA Notices that it receives by email at the address above.
7. Notices, Questions, and Customer Service.
You agree that we may give you notices or otherwise respond to you by mail or to your email (if we have it on file) or in any other manner reasonably elected by us. All legal notices to us must be sent to: Kawasaki Motors Corp., U.S.A., 26972 Burbank, Foothill Ranch, CA 92610. If you have a question regarding the Service, you may contact KMC Customer Support by contacting us here or calling us at (866) 802-9381. You acknowledge that we have no obligation to provide you with customer support of any kind and that customer service personnel cannot change or waive Terms or applicable Additional Terms.
8. Product Specifications; Pricing; Typographical Errors.
We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. As permitted by applicable law, KMC shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit card or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from KMC does not meet your expectations, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase, and receive a credit for the purchase price, subject to the return criteria and other conditions specified in the Terms and Conditions of Sale.
9. Dispute Resolution Terms Including Class Action and Jury Trial Waiver.
A. Forum Selection/Jurisdiction. Jurisdiction and venue for any controversy, allegation, or claim arising out of or relating to the Service, the Content, your UGC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”) shall be in Orange County, California. Each party submits to personal jurisdiction and venue in Orange County, California for any and all purposes.
B. Early Dispute Resolution. KMC and you agree that it would be advantageous to discuss and hopefully resolve any Disputes before formal proceedings are initiated; provided, however, that KMC need not do so in circumstances where its claims of Intellectual Property rights are concerned (“IP Disputes,” with all other disputes referred to as “General Disputes”).
The party making a claim―whether you or KMC―shall send a letter to the other side briefly summarizing the claim and a proposal for resolution. If KMC is making a claim, the letter shall be sent, via email, to the email address listed in your KMC account, if applicable. If no such information exists or if such information is not current, then we have no notification or delay obligations under this Section 9.B. If you are making a claim, the letter shall be sent to Kawasaki Motors Corp., U.S.A., P.O. Box 25252, Santa Ana, CA 92799-5252; you may email us at privacy@kawasaki-usa.com with a subject line reference of “IP Dispute” or “General Dispute” in such instance. For a period of sixty (60) days from the date of notice (the “initial good-faith dialogue period”) from the other party, KMC and you will engage in a dialogue and good faith efforts in order to attempt to resolve the Dispute, although nothing will require either you or KMC to resolve the Dispute on terms with respect to which you and KMC, in each of your and KMC’s sole discretion, are not comfortable. If the Dispute is not resolved within sixty (60) days after notification and the parties have not extended the initial good-faith dialogue period, the claimant may proceed to initiate proceedings as set forth in this Section 9 within one (1) year of the alleged injury giving rise to the Dispute. Either you or KMC, however, may seek provisional remedies (such as preliminary injunctive relief, subject to Section 9.C) before the expiration of this sixty (60)-day period. KMC and you agree to toll the statute of limitations for this sixty-day period.
C. Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN SUCH LOSSES, DAMAGES, OR INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY KMC PARTY (DEFINED BELOW) (INCLUDING YOUR LICENSED UGC) OR A LICENSOR OF ANY KMC PARTY.
D. Governing Law. These Terms and any applicable Additional Terms, General Disputes, IP Disputes, and any other claim brought by you against KMC or by KMC against you pursuant to this Section 9, or otherwise related to the Service, Content, KMC Licensed Elements, UGC, or other KMC products or services, will be governed by, construed, and resolved in accordance with, the laws of the State of California, U.S.A., without regard to its conflicts of law provisions that might apply the laws of another jurisdiction. This Section 9 can only be amended by mutual agreement. Either party may seek enforcement of this Section 9 in any court of competent jurisdiction.
E. Class Action Waiver. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, BOTH YOU AND KMC WAIVE THE RIGHT TO BRING ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR TO PARTICIPATE IN A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION REGARDING ANY DISPUTE BROUGHT BY ANYONE ELSE.
F. Jury Waiver. AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING UNDER, IN CONNECTION WITH, TOUCHING UPON, OR RELATING TO THESE TERMS, THE BREACH THEREOF, AND/OR THE SCOPE OF THE PROVISIONS OF THIS SECTION, WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.
G. Small Claims Matters. Notwithstanding the foregoing, either you or KMC may bring qualifying claim of General Dispute (but not IP Disputes) in small claims court in the County where you reside, subject to Section 9.E.
H. The provisions of this Section 9 shall supersede any inconsistent provisions of any prior agreement between the parties. This Section 9 shall remain in full force and effect notwithstanding any termination of your use of the Service or these Terms.
10. Disclaimer of Representations and Warranties.
A. AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. To the fullest extent permissible by applicable law, KMC and their direct and indirect parents, subsidiaries, affiliates, and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, “KMC Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, KMC Licensed Elements, UGC or other KMC products or services, except as set forth in subsection C, below.
B. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN, OR IN APPLICABLE ADDITIONAL TERMS, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, KMC PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
C. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY KMC PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY KMC PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) KMC PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY KMC PARTIES TO THE EXTENT NOT WAIVABLE OR THAT IT CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST KMC PARTIES THAT IS NOT WAIVABLE OR THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
11. Limitations of Our Liability.
A. AS PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY KMC PARTIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, in connection with, or otherwise directly or indirectly related to, without limitation, the Service, Content, KMC Licensed Elements, UGC or other KMC products or services, except, to the extent not waivable under applicable law, for direct damages for personal injury caused by a physical product manufactured, sold, or provided by KMC.
B. The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if KMC Parties were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Service).
C. AS PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KMC PARTIES’ TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID KMC IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S).
D. NOTWITHSTANDING THE FOREGOING, THIS SECTION DOES NOT EXPAND OR LIMIT (I) ANY EXPRESS, WRITTEN PRODUCT WARRANTY OR RELATED DISCLAIMERS THAT ARE PROVIDED BY KMC PARTIES OR THEIR SUPPLIERS WITH REGARD TO A PHYSICAL PRODUCT SOLD BY KMC PARTIES TO YOU, OR ANY WARRANTY ON A PHYSICAL PRODUCT TO THE EXTENT REQUIRED BY APPLICABLE LAW; (II) KMC PARTIES’ LIABILITY FOR PERSONAL INJURY TO YOU CAUSED BY KMC PARTIES TO THE EXTENT NOT WAIVABLE OR THAT IT CANNOT BE LIMITED UNDER APPLICABLE LAW; OR (III) ANY CAUSE OF ACTION YOU MAY HAVE AGAINST KMC PARTIES THAT IS NOT WAIVABLE OR THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
These Terms and any Additional Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Service. We may, in our sole discretion and for any reason, change, supplement, amend, or terminate these Terms and Additional Terms at any time and without notice or liability to you or any other person by posting revised Terms on the Service. If you continue to use the Service after we change the Terms, then you accept all such changes.
It is your responsibility to review the posted Terms and any applicable Additional Terms each time you use the Service (at least prior to each transaction or submission). EACH TIME YOU SIGN INTO OR OTHERWISE USE THE SERVICE, YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN-APPLICABLE TERMS AND CONDITIONS, AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING-FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR SUBSEQUENT USE AND TRANSACTIONS. Any new Terms or Additional Terms will be effective as to subsequent use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised, or additional terms by discontinuing use of the Service.
A. KMC’s Consent or Approval. As to any provision in these Terms or any applicable Additional Terms that grants KMC a right of consent or approval, or permits KMC to exercise a right in its “sole discretion,” KMC may exercise that right in its sole and absolute discretion. No KMC consent or approval may be deemed to have been granted by KMC without being in writing and signed by an officer of KMC.
B. Indemnity. As permitted by applicable law, you agree to, and you hereby defend (if requested by KMC), indemnify, and hold KMC Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any KMC Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with: (i) your UGC; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any applicable Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) KMC Parties’ use of the information that you submit to us (including your UGC) subject to our Privacy Policy (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by KMC Parties in the defense of any Claim and Losses. Notwithstanding the foregoing, KMC Parties retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. KMC Parties reserve the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior, written consent of an officer of a KMC Party. This section is not intended to limit any causes of action against us that you may have but are not waivable under applicable law.
C. Operation of Service; Availability of Products and Services; International Issues. KMC controls and operates the Service from the U.S.A., and makes no representation that the Service is appropriate or available for use beyond the U.S.A. If you use the Service from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.
D. Export Controls. You are responsible for complying with all applicable trade regulations and laws both foreign and domestic. Except as authorized by U.S. law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
E. Severability; Interpretation. If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms or the applicable Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. To the extent permitted by applicable law, you agree to waive and will waive, any applicable statutory and common law that may permit a contract to be construed against its drafter.
F. Investigations; Cooperation with Law Enforcement; Termination; Survival. As permitted by applicable law, KMC reserves the right, without limitation, to: (i) investigate any suspected breaches of its Service security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any applicable Additional Terms, (iii) use any information obtained by KMC in accordance with its Privacy Policy in connection with reviewing law enforcement databases or complying with applicable laws and use and/or disclose any information obtained by KMC to comply with law enforcement requests or legal requirements in accordance our Privacy Policy, (iv) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, (v) prosecute violators of these Terms and any applicable Additional Terms, and (vi) discontinue the Service, in whole or in part, or, suspend or terminate your access to it, in whole or in part, including any user accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Any suspension or termination will not affect your obligations to KMC under these Terms or any applicable Additional Terms. Upon suspension or termination of your access to the Service, or upon notice from KMC, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to KMC in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability and the provisions regarding jurisdiction, choice of law, and no class action.
G. Assignment. KMC may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of KMC.
H. Complete Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances, or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or KMC in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
I. California Consumer Rights and Notices. California residents can obtain more information about their rights and our privacy practices here.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing-impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located here.
© 2024 Kawasaki Motors Corp., U.S.A. All Rights Reserved.
Terms & Conditions of Sale
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ed adipiscing diam donec adipiscing tristique risus nec feugiat in. Mollis aliquam ut porttitor leo a.
Vestibulum morbi blandit cursus risus at ultrices mi tempus imperdiet. Senectus et netus et malesuada fames ac turpis egestas maecenas. Magna fringilla urna porttitor rhoncus dolor purus non enim. Turpis egestas integer eget aliquet nibh praesent. Purus gravida quis blandit turpis. Imperdiet proin fermentum leo vel orci. Elit ut aliquam purus sit.
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Linking Policy
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Malesuada pellentesque elit eget gravida. Nibh nisl condimentum id venenatis a condimentum. Vitae turpis massa sed elementum tempus egestas sed. Risus at ultrices mi tempus imperdiet nulla malesuada pellentesque. Id interdum velit laoreet id donec ultrices tincidunt arcu. Imperdiet nulla malesuada pellentesque elit eget gravida cum sociis. Erat pellentesque adipiscing commodo elit at imperdiet dui.
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ed adipiscing diam donec adipiscing tristique risus nec feugiat in. Mollis aliquam ut porttitor leo a.
Vestibulum morbi blandit cursus risus at ultrices mi tempus imperdiet. Senectus et netus et malesuada fames ac turpis egestas maecenas. Magna fringilla urna porttitor rhoncus dolor purus non enim. Turpis egestas integer eget aliquet nibh praesent. Purus gravida quis blandit turpis. Imperdiet proin fermentum leo vel orci. Elit ut aliquam purus sit.
Dui accumsan sit amet nulla facilisi morbi tempus. Mattis molestie a iaculis at erat pellentesque. Velit aliquet sagittis id consectetur. Senectus et netus et malesuada. A scelerisque purus semper eget duis at tellus at urna. Sapien eget mi proin sed libero enim. Est ullamcorper eget nulla facilisi etiam. Porta non pulvinar neque laoreet suspendisse interdum. At auctor urna nunc id.
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Legal Copy
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Malesuada pellentesque elit eget gravida. Nibh nisl condimentum id venenatis a condimentum. Vitae turpis massa sed elementum tempus egestas sed. Risus at ultrices mi tempus imperdiet nulla malesuada pellentesque. Id interdum velit laoreet id donec ultrices tincidunt arcu. Imperdiet nulla malesuada pellentesque elit eget gravida cum sociis. Erat pellentesque adipiscing commodo elit at imperdiet dui.
Tincidunt praesent semper feugiat nibh sed pulvinar proin gravida hendrerit. Ac orci phasellus egestas tellus rutrum tellus pellentesque eu tincidunt. Congue nisi vitae suscipit tellus mauris a diam maecenas. Arcu dictum varius duis at. Tincidunt tortor aliquam nulla facilisi cras. Vitae tortor condimentum lacinia quis vel eros. Sed augue lacus viverra vitae. Quam vulputate dignissim suspendisse in est ante in.
ed adipiscing diam donec adipiscing tristique risus nec feugiat in. Mollis aliquam ut porttitor leo a.
Vestibulum morbi blandit cursus risus at ultrices mi tempus imperdiet. Senectus et netus et malesuada fames ac turpis egestas maecenas. Magna fringilla urna porttitor rhoncus dolor purus non enim. Turpis egestas integer eget aliquet nibh praesent. Purus gravida quis blandit turpis. Imperdiet proin fermentum leo vel orci. Elit ut aliquam purus sit.
Dui accumsan sit amet nulla facilisi morbi tempus. Mattis molestie a iaculis at erat pellentesque. Velit aliquet sagittis id consectetur. Senectus et netus et malesuada. A scelerisque purus semper eget duis at tellus at urna. Sapien eget mi proin sed libero enim. Est ullamcorper eget nulla facilisi etiam. Porta non pulvinar neque laoreet suspendisse interdum. At auctor urna nunc id.
Trademarks
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Malesuada pellentesque elit eget gravida. Nibh nisl condimentum id venenatis a condimentum. Vitae turpis massa sed elementum tempus egestas sed. Risus at ultrices mi tempus imperdiet nulla malesuada pellentesque. Id interdum velit laoreet id donec ultrices tincidunt arcu. Imperdiet nulla malesuada pellentesque elit eget gravida cum sociis. Erat pellentesque adipiscing commodo elit at imperdiet dui.
Tincidunt praesent semper feugiat nibh sed pulvinar proin gravida hendrerit. Ac orci phasellus egestas tellus rutrum tellus pellentesque eu tincidunt. Congue nisi vitae suscipit tellus mauris a diam maecenas. Arcu dictum varius duis at. Tincidunt tortor aliquam nulla facilisi cras. Vitae tortor condimentum lacinia quis vel eros. Sed augue lacus viverra vitae. Quam vulputate dignissim suspendisse in est ante in.
ed adipiscing diam donec adipiscing tristique risus nec feugiat in. Mollis aliquam ut porttitor leo a.
Vestibulum morbi blandit cursus risus at ultrices mi tempus imperdiet. Senectus et netus et malesuada fames ac turpis egestas maecenas. Magna fringilla urna porttitor rhoncus dolor purus non enim. Turpis egestas integer eget aliquet nibh praesent. Purus gravida quis blandit turpis. Imperdiet proin fermentum leo vel orci. Elit ut aliquam purus sit.
Dui accumsan sit amet nulla facilisi morbi tempus. Mattis molestie a iaculis at erat pellentesque. Velit aliquet sagittis id consectetur. Senectus et netus et malesuada. A scelerisque purus semper eget duis at tellus at urna. Sapien eget mi proin sed libero enim. Est ullamcorper eget nulla facilisi etiam. Porta non pulvinar neque laoreet suspendisse interdum. At auctor urna nunc id.