Thank you for visiting the Terms and Conditions page of Yamaha Motor Corporation U.S.A.'s ("Yamaha") website. This page describes our legal agreement (the "Agreement") governing your use of Yamaha's website at (the "Yamaha Website" or "Website").
1. Your Acceptance
BY USING AND/OR VISITING THE YAMAHA WEBSITE, YOU SIGNIFY YOUR
ASSENT TO BOTH THESE TERMS AND CONDITIONS OF WEBSITE ACCESS AND THE
TERMS AND CONDITIONS OF YAMAHA'S PRIVACY POLICY, WHICH ARE
PUBLISHED AT /corporate/gen_privacy.aspx, AND WHICH ARE
INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF
THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. SHOULD YAMAHA MAKE ANY
SUBSTANTIAL CHANGE TO THESE TERMS AND CONDITIONS, WE WILL PUBLISH
AN AMENDMENT TO THIS AGREEMENT, or we may email you if you have not
opted out of email notifications.
2.
Yamaha Website
This Agreement applies solely to the Yamaha Website, which may
contain links to third party websites that are not owned or
controlled by Yamaha. For instance, if you apply for Yamaha Factory
Financing or establish a Yamaha Card Account, you may access the
independent website of HSBC Bank Nevada, N.A. or another third
party. Yamaha has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party
websites. In addition, Yamaha will not and cannot censor or edit
the content of any third party site. By using the Website, you
expressly relieve Yamaha from any and all liability arising from
your use of any third party website. Accordingly, we encourage you
to be aware when you leave the Yamaha Website, and to read the
terms and conditions and privacy policy of each other website that
you visit.
3.
Website Access
Yamaha hereby grants you permission to view, display, and download
a single copy of the material on the Website, provided that: (i)
your use of the Website as permitted is solely for your personal,
noncommercial use; (ii) you will not copy, republish or rebroadcast
any part of the Website in any medium, other than as expressly
permitted herein, without Yamaha's prior written authorization;
(iii) you will not alter or modify any part of the Website other
than as may be reasonably necessary to use the Website for its
intended purpose; and (iv) you will otherwise comply with the terms
and conditions of this Agreement. This permission shall terminate
automatically without notice if you breach this Agreement. Upon
termination, you must immediately destroy any downloaded and
printed copies of the Yamaha Website or any portions thereof.
4.
Copyright
The original content of the Yamaha Website, including without
limitation the text, software, graphics, photos, and images
("Content"), are owned by or licensed to Yamaha, subject to
copyright and other intellectual property rights under United
States Copyright Act, foreign laws, and international conventions.
Yamaha reserves all rights not expressly granted in and to the
Website and the Content. Other than as expressly permitted, you may
not engage in the unauthorized use, copying, or distribution of any
of the Content. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary
notices contained therein. You may not otherwise reproduce,
display, publicly perform, or distribute the Content in any way for
any public or commercial purpose.
5.
Trademarks
Certain names, logos and/or slogans contained in the Website,
including all Yamaha logos and the marks "Yamaha" and "Yamaha Motor
Corporation, U.S.A.", are the trademarks and service marks of
Yamaha and/or its parent corporation. Such marks may not be used
without the express written authorization from their respective
owners. Nothing on the Website shall be construed as conferring any
license under any of Yamaha's or its parent's trademark or other
intellectual property rights, whether by estoppel, implication, or
otherwise.
6. User
Submissions
The Yamaha Website may now or in the future permit the publication
of communications or data posted by you and other users ("User
Submissions"). Any User Submission that you post to the Yamaha
Website shall automatically be deemed non-confidential. By posting
a User Submission, you expressly grant Yamaha a royalty-free,
perpetual, irrevocable, nonexclusive, worldwide license to use,
reproduce, modify, publish, edit, translate, distribute, perform,
display, and make derivative works of such User Submission, in
whole or in part, and in any form, media or technology, whether now
known or hereafter developed, and further including the unfettered
right to sublicense such rights.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you agree that you will not: (i) post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could damage Yamaha or any third party; (iii) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (iv) post advertisements or solicitations of business; (v) post chain letters or pyramid schemes; or (vi) impersonate another person.
Yamaha does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and Yamaha expressly disclaims any and all liability in connection with User Submissions. Yamaha does not screen communications in advance, and shall not be responsible for screening or monitoring User Submissions. If notified by a user of a User Submission that allegedly does not conform to this Agreement, Yamaha may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the User Submission.
7.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE YAMAHA WEBSITE SHALL BE AT YOUR
SOLE RISK. YAMAHA PROVIDES THE WEBSITE AND CONTENT SOLELY ON AN "AS
IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT
PERMITTED BY LAW, YAMAHA, ITS PARENT CORPORATION, OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR
PURPOSE, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
YAMAHA MAKES NO WARRANTIES WHATSOEVER ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, SERVICES,
SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS, LINKS, OR OTHER MATERIAL
CONTAINED IN THE YAMAHA WEBSITE. YAMAHA DOES NOT WARRANT THAT THE
WEBSITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. YAMAHA DOES NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE YAMAHA
WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR
OTHER ADVERTISING, AND YAMAHA WILL NOT BE A PARTY TO OR IN ANY WAY
MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8.
Limitation of Liability
IN NO EVENT SHALL YAMAHA, ITS PARENT CORPORATION, OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM
YOUR USE OR INABILITY TO USE THE YAMAHA WEBSITE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR
NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YAMAHA SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU FURTHER ACKNOWLEDGE THAT THE USE OF MOTORIZED VEHICLES CAN BE DANGEROUS AND MAY LEAD TO SERIOUS INJURY OR DEATH, AND THAT ANY INFORMATION YOU RECEIVE THROUGH THE WEBSITE CONCERNING THE OPERATION OF MOTORIZED VEHICLES IS FOR GENERAL REFERENCE AND IS NOT IN ANY WAY A SUBSTITUTION FOR PROFESSIONAL TRAINING. YOUR USE OF ANY SUCH INFORMATION IS ENTIRELY AT YOUR OWN RISK, AS EVEN PROPER OPERATION AND USE OF A MOTORIZED VEHICLE MAY NOT PREVENT SERIOUS INJURY OR DEATH.
9.
Indemnity
You agree to defend, indemnify and hold harmless Yamaha, its
parent corporation, officers, directors, employees and agents, from
and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited
to attorney's fees) arising from: (i) your use of and access to the
Yamaha Website; (ii) your violation of any term of this Agreement;
(iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (iv) any
claim that one of your User Submissions caused damage to a third
party. This defense and indemnification obligation will survive
this Agreement and your use of the Yamaha Website. Yamaha shall
notify you of any such claim, suit, or proceeding, and may assist
you, at your expense, in defending any such claim, suit or
proceeding.
10.
Export Control
The United States controls the export of some products and
information. You agree to comply with all applicable restrictions
concerning the export or re-export of any data to countries or
persons prohibited under the export control laws. By accessing
and/or downloading any part of the Website outside of the United
States, you agree that you are not in a country where the
downloading of such data is prohibited, and that you are not
otherwise subject to such prohibition. You are responsible for
complying with the laws of your local jurisdiction regarding the
import, export or re-export of any material, including software or
data.
11.
General
You agree that: (i) the Yamaha Website shall be deemed solely
based in California; and (ii) the Yamaha Website shall be deemed a
passive website that does not give rise to personal jurisdiction
over Yamaha, either specific or general, in jurisdictions other
than California. This Agreement shall be governed by the internal
substantive laws of the State of California, without respect to its
conflict of laws principles. Any claim or dispute between you and
Yamaha that arises in whole or in part from the Yamaha Website
shall be decided exclusively by a court of competent jurisdiction
located in Orange County, California. This Agreement, together with
the Privacy Policy at /corporate/gen_privacy.aspx and any other
legal notices published by Yamaha on the Website, shall constitute
the entire agreement between you and Yamaha concerning the Yamaha
Website. If any provision of this Agreement is deemed invalid by a
court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. No waiver
of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term, and Yamaha's
failure to assert any right or provision under this Agreement shall
not constitute a waiver of such right or provision. Yamaha reserves
the right to amend this Agreement at any time and without notice,
and it is your responsibility to review the Agreement for any
changes. Your use of the Yamaha Website following any amendment of
this Agreement will signify your assent to and acceptance of its
revised terms.






