Terms of Business

Questions About Your Order?

Before Your Order Arrives

Contact our customer service representatives. When you do, they’ll need the following information:

  • Customer number or the name & address the order was placed under.
  • The order date.
  • What part number(s) you ordered.

After Your Order Arrives

Inspect your parts when they arrive.Your packing slip can answer the most frequently asked questions.If you still have a question, contact our customer service line. When you call, we will need the following information:

  • Customer number (located on invoice above your name.)
  • Name & Address the order was placed under.
  • Your invoice number (located in the upper right hand corner of invoice.)
  • What part number(s) you ordered.
  • The order date
Before You Contact Us

To speed your order and make your purchase as easy as possible, please make note of your motorcycle's model description and year. It's also a good idea to keep a record of modifications you made in the past that might affect the fitment of new parts. Have your credit card ready. Be sure of the card’s billing address and your shipping address. Finally, be ready to give your customer service representative your customer number and catalog source code found on the back cover of your catalog. Contact Us

Our Goal is 100% Customer Satisfaction

At HD USA Parts, our goal is 100% customer satisfaction. We take pride in providing exceptional customer service and free technical support. In the event you have a problem with your order, it’s our objective to make sure you are satisfied. If you have any issues with your order, please contact out knowledgeable customer service team or our technical support experts to resolve your issue.

About Our Prices

Prices and descriptions are subject to change without notice. All prices are in U.S. dollars. Suggested retail prices listed in distributor catalogs may vary from HD USA Parts’ retail prices. Items can be withdrawn from sale at any time because we cannot control price increases from our distributors (we will not charge you the increased price without notifying you first). Not responsible for typographical errors. WE RESERVE THE RIGHT TO SUBSTITUTE PRODUCTS FOR COMPARABLE OR LIKE ITEMS.

Ordering

How To Order

Ordering Online All of the products in our catalogs, plus thousands more, are available for purchase online 24 hours a day, 7 days a week. We offer a secure environment for your privacy and protection.

Online Customer Service available Monday–Friday 9:00am – 5:00pm and Saturday 10:00am – 4:00pm Eastern Standard Time, 6 days a week.

Christmas & New Year's Eve: 9 a.m.–5 p.m. CST
Christmas & New Year's Day: Closed
12/26/17 & 01/02/18: 8 a.m.–10 p.m. CST

Sales Tax

Sales tax is collected in Georgia. Even though HD USA Parts does not have a physical store in the State of Georgia.

Special Orders

If you want a product we do not have, we will try to find it for you. All special order parts require the entire order to be paid in advance. There are no returns allowed on special orders.

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Paying for Your Purchase

Credit Card Security Information

When you place an order, HD USA Parts authorizes your credit card to make sure sufficient credit is available. A hold is placed on those funds equal to your order total until the order is fulfilled.

In order to keep your information safe and secure, and to prevent fraudulent transactions, we have certain security measures in place.

By Mail

Use personal checks, money orders or cashier’s checks. Do not send cash! Personal checks must have your name, and address pre-printed. Starter checks and credit card checks will not be accepted. Once your order and payment is received, please allow 3 to 5 business days for delivery, based on availability of parts. Any check or money order returned unpaid will be charged an additional service fee. If ordering by mail, it is a good idea to validate pricing on our website or with our customer service team before sending in your order form.

PayPal®

With PayPal Express Checkout, you can make secure, fast and easy online payments every time you shop online.

PayPal Features:
  1. 1. No need to enter your financial information each time you make a purchase online.
  2. 2.Your personal financial information is never shared with a merchant or seller because PayPal verifies the transaction.
  3. 3.Your private information is encrypted using PayPal's award-winning technology.
  4. 4.PayPal is FREE for buyers.
PayPal Steps:
  1. 1. During checkout, click the "Pay With PayPal" button.
  2. 2.You will be transferred to the PayPal website.
  3. 3.Log into your PayPal account, or sign up for a new account.
  4. 4.Approve the transaction.
  5. 5.You will be returned to the HD USA Parts website.
  6. 6.Your payment will not be processed until you complete your order at the HD USA Parts website.
PayPal Restrictions:
  1. 1. We only ship to verified PayPal addresses.
  2. 2.PayPal is only available on orders with a known shipping amount and order total.
  3. 3.PayPal is available in select countries, including:
    • United States
    • Canada
    • Australia

Read more at www.paypal.com

PayPal Credit
Buy Now. Pay Over Time.
No Payments + No Interest if paid in full in 6 Months.
On orders over $99. Subject to Credit Approval.

PayPal Credit Steps:
  1. 1.Add items to your cart.
  2. 2.Choose PayPal Credit at checkout.
  3. 3.Answer two quick questions and accept the terms.

See Complete Terms and Conditions of PayPal Credit

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Shipping

No minimum order required. No order is too small for us to fill and ship. See chart of shipping charges below.

Free Ground Shipping
Free Ground Shipping only applies to order shipping to the Contiguous U.S. and to APO/FPO Addresses
Items that require additional shipping charges are excluded from free ground shipping. Examples of those items are: All Bike Lifts, Lift Gates, Complete Motors, Fairings, Frames, Handy, Titan, K&L Lifts, Kendon Lifts & Trailers, Rolling Chassis/Bike Kits, and Wide Bike Ramps.

Shipping Options and Prices

For Contiguous U.S. and APO/FPO Addresses
Ground Shipping Rates

Merchandise Total

$99.99 and up FREE
$0.00 to $99.98 $7.99

All charges are continental USA only.

Items that Require Additional Freight Charges

Bike Lifts $25.00
Lift Gate $100.00
Complete Motors $125.00
Fairings $75.00
Handy, Titan, K&L Lifts $300.00
Kendon Lifts & Trailers $300.00
Rolling Chassis/Bike Kits $175.00
Wide Bike Ramps $50.00

Oversized Flat-Rate Shipping for 3-Day, 2-Day and Next Day UPS Deliveries in the Contiguous United States!

Oversized Flat-rate shipping is for packages over 20 dimensional lbs. Oversized flat-rate includes gas tanks, fenders, handlebars, highway bars, exhaust, seats, tires, and wheels.

Must order by 3:30 p.m. Central Time.
Flat & Oversized Flat-Rate
Nationwide Flat Rates for Next Day, 2-Day and 3-Day Shipping (some exclusions apply)

Under 20 dimensional lbs.

Next-Day Air $34.99
2nd-Day Air $20.99
3-Day Select (guaranteed) $17.99

Oversized Flat-Rate

Next Day Air $69.99
2-Day Air $44.99
3-Day Select (guaranteed) $34.99

Shipping Methods

We ship our orders via either UPS or the US Postal Service on all standard ground orders. Expedited services and orders containing aerosols, chemicals, batteries and other regulated material will ship via UPS.

PO Box Shipments

We do not ship to post office boxes. Post Offices can return larger packages to sender because they do not accept or cannot handle larger parcels. To provide exceptional service and on time delivery of all items we do not ship to post office box addresses.

Military Shipping

HD USA Parts ships to all APO/FPO addresses to our military customers serving overseas. Military customers qualify for our free standard shipping rates. No free freight on oversized items. HD USA Parts ships via USPS to APO/FPO address which restricts hazardous items such as aerosols, chemicals, batteries and other regulated material that must ship via UPS ground shipping.

UPS Next Day Delivery

We must receive your order by 3:30 p.m. Eastern Time. Next Day is offered only in the Contiguous U.S.

UPS 2nd Day Air

Gets your order to you within 2 business days. We must receive your order by 3:30 p.m. Eastern Time. Next Day/2nd Day delivery does not include weekends, except for special higher-cost Saturday delivery.

Worldwide Shipping

We can ship to most locations using the: Postal Service (USPS) or United Parcel Service (UPS).

Shipping cost to all locations is based on the actual weight or dimensional weight, whichever is applicable. For shipping charges simply add your items to the cart and select the country you are shipping too. It’s that easy!

International customers must pay any customs charges, VAT, Taxes and other costs in addition to the shipping charge upon receipt of the shipment.
Delivery time frames are based on when the package leaves HD USA Parts. Areas requiring customs paperwork may experience a delay for processing. We do not guarantee shipping delivery dates. The following are approximations:

Canada & US Territories
USPS Priority International

Delivery 7-14 business days
UPS Express Delivery
2-4 Business Days
International
Priority International

Minimum of 14 business days
International UPS
7-10 days

Alaska, Hawaii, & Puerto Rico
Priority Mail
Allow 7-10 business days for Priority Mail
UPS 2-Day
Allow 2-3 days for UPS 2nd-day service.
APO/FPO
Priority Mail

Only service available to these locations.
Free Shipping
Applies to APO/FPO addresses on orders $99.99 and over.

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Delivery Process

Delivery is based on availability of parts. Please allow 3 to 5 working days (not including Saturday or Sunday) for delivery of orders within the United States.

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Worldwide Returns

Note: Use of the pre-paid return label is for your convenience only. The cost of return shipping will be deducted from your credit or refund. ($7.99 on packages up to 20 lbs, $12.99 on packages over 20 lbs. and/or oversized merchandise) We reserve the right to refuse any exceptions. For defective parts or parts sent in error, return shipping charges will be refunded in full.

The following items are excluded: All Bike Lifts, Cruiser Caddy Ramps, Complete Motors, Fairings & Trailer in a Bag, Rolling Chassis/Bike Kits, Wide Bike Ramps and Snow Plow Blades are excluded.

HD USA Parts Return Policy is the Best !
We want you to be satisfied. Our return policy works like this:

Return the Parts Within 7 Days
Returns must be made within 7 days of invoice. Shipping fees are not refundable. All returns must be in new condition. Defective parts or parts sent to you in error will be exchanged or refunded in full. Items purchased on clearance or closeout cannot be returned unless defective.

See our special warranty notes on exhaust systems, gas tanks, and electrical items.

Free Exchange Policy
Not sure it'll fit? No problem! We offer hassle free exchanges on selected items. Please visit our Free Exchange program for details.

How to Return an Order
Visit our simple and easy Return Center for instructions on processing your return.

Damaged Shipments
If the package you receive is damaged in shipping, do not refuse delivery. Accept the order and be sure to keep all packaging. Contact us and we will make the necessary arrangements to replace your order.

Special Returns Information
Some items have special warranties and return conditions from the manufacturer. These policies are to ensure the best possible experience in the event you purchase an item and have issues with that item. If your item falls under one of the following categories we will require you to contact us to resolve your issue or process your return.

  • Used and Damaged Parts: Any part which, in our opinion, shows evidence of being used or installed contrary to manufacturer's instructions, and/or subjected to improper handling, packaging or return shipping by the customer, will not be eligible for exchange, refund or warranty consideration. Remember, we can't return products to suppliers or re-sell them to other customers if you damage them when installing.
  • Exhaust Pipes and Mufflers: There is no warranty on exhaust pipes and mufflers with regard to discoloration. Bluing or discoloration is caused by tuning characteristics, cam timing, carburetor jetting, or overheating, and is NOT caused by defective manufacturing. Once you have started your motorcycle, there is no refund on exhaust pipes and mufflers, except in the case of a manufacturing defect.
  • Gas Tanks: You must use a gas tank sealer with new gas tanks in order for your warranty to be valid. We strongly recommend that all gas tanks be fitted, pressure-tested and sealed BEFORE painting in order to eliminate potential problems.
  • Seats/Saddlebags/Windshields: Once mounted, these items cannot be returned. Must be in new condition, with no evidence of wear or mount marks. We cannot re-sell a used seat, saddlebag or windshield to another customer, so please be careful before mounting your new seat, saddlebag or windshield to check fitment.
  • CDs, DVDs & Software: Once opened, CDs, DVDs and software cannot be returned unless defective.
  • Electrical Items: Once opened, electrical items cannot be returned, except in the case of a manufacturing defect. In some cases the manufacturer may require the item be sent back directly for inspection before replacing or repairing the item if it is covered under their warranty policy.

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Additional Standard Terms and Conditions

Terms of Service

Effective September 1st, 2018

These are the Website Terms of Service (“Terms”) for the HD USA Parts entity. These Terms apply to HD USA Parts (collectively, the “The Company” or “we”, “our,” or “us”).

These Terms apply to your use of The Company’s websites, our mobile applications, and all other digital and online services provided by The Company (collectively, the “Services”). It does not apply to third party websites, applications, or services (including any other affiliates’ or organizations not named above). Your access to and use of the Websites is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Websites you agree you are bound by these Terms.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.

1. Your Acceptance Of The Terms

Please be aware that these Terms constitute a binding legal agreement between you and The Company outlining your legal rights, obligations, and remedies arising from your use of the Services. You agree you are responsible for your use of the Services and any consequences resulting from your use of the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Services.

You may use the Services only if you can form a binding contract with The Company and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. By accessing or using the Services, you (the “User”) represent and warrant that you have the right, authority, and capacity to enter into this Agreement, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms, and by the terms of The Company’ Privacy Notice. These Terms apply to anyone who accesses or uses the Services, whether or not you have registered for an account with The Company.

The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, The Company may permanently or temporarily stop providing the Services, or features of the Services, and may not provide you with prior notice.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.

2. Privacy

The Company knows you care about your privacy. Any information you or other users provide to The Company or which we collect about you or others is subject to our Privacy Notice. To learn more about how The Company collects, uses, shares, and secures your information, please review The Company’ Privacy Notice, which is incorporated into your agreement with The Company by this reference.

3. Eligibility To Use The Services

The Services are intended for legal use by adults only and are not directed to children under the age of 18. You may not use the Services in any manner if you are under the age of 18 and any registration by anyone under 18 is void. By accessing or using the Services and thereby agreeing to these Terms, you represent and warrant to us:

  1. 1.That you are at least 18 years of age;
  2. 2.That you have not previously been suspended or removed from the Services; and (3) that your use of the Services are in compliance with any and all applicable laws and regulations.
4. Your Representations & Warranties to The Company

By using the Services, you represent, warrant, and agree:

  1. 1. You will only use the Services for lawful purposes, and you will not use the Services for sending, storing, or distributing any unlawful material or for fraudulent purposes;
  2. 2. You will not use the Services to cause nuisance, annoyance or inconvenience;
  3. 3. You will not impair the proper operation of the Services or any network which is used to support or access the Services;
  4. 4. You will not try to harm the Services in any way whatsoever;
  5. 5. You will not copy, or distribute the Services or other content without written permission from The Company;
  6. 6. You will only use the Services for your own use and will not resell any aspect of the Services to a third party;
  7. 7. You will keep secure and confidential your account password or any identification we may provide you which allows access to the Services; and
  8. 8. You will provide us with whatever proof of identity we may reasonably request.
5. Account & Registration
Registering for an Account:

In order to use our website and make purchases, you may be asked to register for a user account (a “Account”) and become a registered (a “Registered User”). By becoming a Registered User, you agree to:

  1. 1.Provide accurate, current, and complete information about yourself and/or the Registered User during the registration process;
  2. 2.Maintain and promptly update such information to keep it accurate, current, and complete;
  3. 3.Maintain the security of your password and login information, and that you will not disclose your password or login information to any third party;
  4. 4.Accept full responsibility for all use of any Account you register, and for any actions that arise from or take place using your Account, whether or not you have authorized such actions or use; and
  5. 5.Immediately notify The Company of any unauthorized use of your Account. Failure to abide by this Agreement constitutes a breach of these Terms, which may result in immediate termination of your Account.
Your Account Information: 

You may not select or use an Account name, handle, or login that:

  1. 1.Is comprised of or includes the name of another person with the intent to impersonate that person;
  2. 2.Is subject to any rights of a person other than you without appropriate authorization;
  3. 3.Suggests a false association between you and The Company; or
  4. 4.That, in American Legion’s sole discretion, is offensive, vulgar, or obscene. The Company reserves the right to refuse registration of a Account, or cancel any account name, in its sole discretion.
The Company’ Termination of Access to the Account:

The Company maintains the right to suspend or disable your access to any Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if The Company otherwise determines such action is warranted. The Company reserves the right to revoke your access at any time, with or without cause, whether you have established an Account or are a Registered User.

Your Cancellation of Your Account: 

You may cancel your Account and your access at any time by contacting The Company using the information below. Upon cancellation of your Account, The Company may:

  1. 1.retain your information and content indefinitely;
  2. 2.continue to use your information for research purposes indefinitely;
  3. 3.retain, use, and continue to show information about your use of the Services.
6. User Conduct

As a condition of your use of the Account, you agree not to use it (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by The Company as typical or expected consistent with the purposes for which the Account was created. You specifically agree you will not do any of the following:

  1. 1.Use the Account for or in connection with any illegal purpose, including any violation of any applicable local, state, national, or international law, or rule or regulation having the force of law;
  2. 2.Abuse, harass, threaten, impersonate, or intimidate others;
  3. 3.Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that The Company or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by The Company in its sole discretion;
  4. 4.Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any Account User;
  5. 5.Create or submit unwanted email (“Spam”) to any other person or any URL;
  6. 6.Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content;
  7. 7.Except for accessing our RSS feeds, to use any robot, spider, scraper or other automated means to access the Account and our website for any purpose without our express written permission;
  8. 8.Take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  9. 9.Interfere or attempt to interfere with the proper working of the Account and or websites or any activities conducted on or through the Account;
  10. 10.Bypass any measures we may use to prevent or restrict access to the Account or any part of the Account;
  11. 11.Interfere with the operation of the Account or any User’s enjoyment of their Account, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Account; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide and maintain our Accounts and websites, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
  12. 12.Share, sell, or otherwise transfer the access granted to you to the Account, including information regarding your Account login information, or password, or otherwise permit any other person to access the Account using your information, login, or password.
  13. 13.Use the Account, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Account;
  14. 14.Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
  15. 15.Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Account, Content, code or program, available to others, in whole or part;
  16. 16.Interfere with security features of the Account and websites, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Account and website or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
  17. 17.Perform any fraudulent activity using or in connection with the Account, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
  18. 18.Attempt to do any of the foregoing in this Section or assist or permit any persons in engaging in any of the activities described in this Section.
7. Content & Licenses
Content Definitions

There are various types of content involved in providing and operating the Account. Throughout the remainder of these Terms, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Account and/or websites. “The Company Content” means Content that The Company makes available to you through the Account and its wesbites, including Content owned by The Company or licensed to The Company from a third party (excluding User Content). “User Content” means any Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Account by a User, whether or not a Registered User, or whether or not a User owns or created the Content, including all copyrights, inventions, and other Intellectual Property rights. “Collective Content” collectively refers to all of the Content available through the Account and/or websites, including The Company Content and User Content.

Content Ownership

All The Company Content is owned by The Company or its third party licensing partners. Your use of the Account does not grant you any rights to the use or control of any of The Company Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon The Company Content, including by caching, framing or any similar means, without the prior written consent of The Company is strictly prohibited.

The Account and websites of The Company Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, The Company and its licensors exclusively own all right, title and interest in and to its websites and The Company Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying The Company Content. The Company shall retain all worldwide rights in and to all Intellectual Property comprising or included within The Company Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Services, and copyrighted works associated with websites are common law and/or registered copyrights, trademarks, and/or trade dress of The Company.

You should assume that everything you read or see on the websites are copyrighted or otherwise protected and owned by The Company, or a third party who licensed the right to use such content to The Company. Unless otherwise expressly noted, nothing that you read or see on the Account, websites or other Collective Content, or any of the source code or HTML code that The Company uses to generate business and sales may not be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of The Company or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.

No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without The Company’ prior written permission, with the exception of your own User Content that you legally post on the Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.

The Company is not the publisher or speaker of User Content, or any other information on the Services provided by third party content providers, and The Company is not liable for any claims related to such information. Any mention in the products or websites provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by The Company. The Company assumes no responsibility for those products.

The Company’s License to You

Subject to your compliance with these Terms, The Company grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Services and the Collective Content as intended.

You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Services or the Collective Content other than as specifically authorized herein, without the prior written permission of The Company, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by The Company at any time without notice and with or without cause.

Your License to The Company

Certain features of The Account may permit our Users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through the Account and/or The Company’s websites. By making available User Content through the websites, you hereby grant to The Company and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as The Company may designate from time to time, which may include any or all other users, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation or for advertising or marketing of the products sold on The Company websites, as well as a license to use your name and likeness in marketing materials to promote your use of the Account and websites. You agree and acknowledge that this license cannot be terminated, and the waiver cannot be revoked without the express written consent of The Company once you have submitted User Content.

Your grant of this license to The Company to utilize your User Content and any derivative works of the User Content created by using the Account does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. The Company does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Account and on our websites. Accordingly, you represent and warrant that:

  1. 1.you either are the sole and exclusive owner of all User Content that you make available through the Account, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant The Company the rights in such User Content contemplated under these Terms;
  2. 2.neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or The Company’ use of the User Content (or any portion thereof) on, through, or by means of the Account will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and
  3. 3.any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Services.

We do not approve, control or endorse your or anyone else’s User Content and have no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify any User Content from the Accounts and/or websites at any time, for any reason.

8. Copyright Policy

The Company respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the Services who are infringers. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, The Company will also terminate a User’s account if the User is determined to be a repeat infringer.

Notifying The Company of Copyright Infringement

To provide The Company with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification Department” at privacy@hdusaparts.com that sets forth the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.

We must receive the following information from you:

  1. 1.An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
  2. 2.A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
  3. 3.A detailed description of where the material that you claim is infringing is located or found on the websites;
  4. 4.Your address, telephone number, and email address;
  5. 5.A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. 6.A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.
Providing The Company with Counter-Notification

If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Department” at privacy@hdusaparts.com that sets forth all of the necessary information required by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

9. Third Party Advertising & Marketing

The Company may employ third party advertising and marketing to deliver ads, information, and other promotions to you, via other mechanisms to provide such materials to you, such as on third party websites or platforms. By agreeing to our Terms, you agree to receive such advertising and marketing from The Company and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. The Company may compile and release information regarding you and your use of the Account and/or websites on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Services.

10. Intellectual Property

The Company and its licensors and partners own all rights, titles, and interests in and to the products listed on our websites, and all related Intellectual Property rights, including all registered and unregistered trademarks, trade dress, graphics, logos, designs, page headers, button icons, scripts, service names, software code, inventions, copyrights, and copyrightable works, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Services, excluding User Content (collectively, the “The Company IP”). The Company IP may not be used in connection with any product or service in any manner that is likely to cause confusion or otherwise violate the rights granted to us in The Company IP, including use of any The Company IP as part of third party trademarks, trade dress, and/or as part of domain names, email addresses, account names or handles, or other digital properties.

This Agreement is not a sale and does not convey to you any rights of ownership or any Intellectual Property rights owned by The Company. The Company name, The Company logos and designs, and the product and service names associated with the Services are trademarks of The Company or its affiliated third parties, and no right or license is granted to you by this Agreement to use The Company IP for purposes not directly related to your use of the Services.

11. Linking & Framing

The Company grants you a limited, revocable, and nonexclusive right to create a hyperlink to the webpages of the Services, so long as the links do not portray The Company or its products or services in a false or misleading manner. You may not use any of The Company’ logo or other proprietary graphics or trademarks as part of the link without express permission. “Framing” or “mirroring” the Services or any of its content is prohibited without the prior written consent of The Company.

The websites may contain links to third-party websites or resources, such as our online store, YouTube, Twitter, Instagram and Facebook. You acknowledge and agree that The Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by The Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You further acknowledge and agree that The Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12. Email Notifications

As part of your use of the Account and/or websites, you may be asked to elect to receive certain email notifications from The Company and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from The Company related to the Services. You may opt-out of receiving certain notifications in association with the Services by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important Services announcements or notifications even if you have opted-out from other messages.

13. Notices

You consent to receive from The Company all communications, including notices, agreements, legally required disclosures or other information in connection with the Account and/or websites (collectively, "Notices") electronically. The Company may provide such Notices by posting them on or within the Account and/or websites, by electronic mail to your email address on record in The Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding The Company and other entities by electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device.

14. Termination

The Company may change, suspend or discontinue the Account for any reason, at any time, including the availability of any Services, features, or Content, without notice to you. The Company may also impose limits on certain services, features, or Content, or restrict your access to the Account with or without notice to you.

The Company may also terminate or suspend your use of or access to the Account and websites at any time, immediately, without notice, and without refund, for any violation of these Terms, in our sole and absolute discretion. Upon such termination or suspension, you must immediately cease accessing or using the Account and websites, and agree not to access, re-download, re-register or otherwise make use of, or attempt to use, the Account and websites.

The Company may also remove or disable access to any Collective Content and suspend or ban your access to the Account or any The Company Account at any time for any violation of these Terms, including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content. To report violations of the Terms, please contact The Company using the information below. You are solely responsible for your interactions with other Users. The Company reserves the right, but has no obligation, to monitor disputes between you and other Users.

You acknowledge that we reserve the right to take action, technical, legal, or otherwise, to block, nullify, or deny your ability to access the Account. You understand that we may exercise this right in our sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies otherwise available to The Company. Continued use of the Account and websites, its components, databases, or documentation, or any part thereof, after termination is a breach of the terms of this Agreement and a violation of copyright laws. You acknowledge that we may disable access to, refuse to post, or modify or remove any information or content, in whole or in part, for any reason or no reason at all. All provisions of this Agreement, which by their nature should survive termination, shall survive the termination of this Agreement, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

15. Export Control

You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Account, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Account, you represent and warrant that:

  1. 1.you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
  2. 2. you are not listed on any U.S. Government list of prohibited or restricted parties.
16. International Use

The Accounts and websites are controlled and operated by The Company from within the United States of America. The Company makes no representations that materials contained within the websites are appropriate or available for use in other locations, and access to the Account and websites from locations where such activity is illegal is prohibited. Those who choose to use the Account from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.

17. Indemnity

You agree you shall indemnify and hold harmless The Company, its subsidiaries, affiliates, successors or assigns and their respective directors, officers, shareholders, and employees against any and all loss, injury, death, damage, liability, claim, deficiency, action, judgment, interest, award, penalty, fine, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers arising out of or related to the Accounts and websites, use of the Accounts and websites, violation of the Terms, or the infringement by you of any Intellectual Property, or violation of any right of any person or entity by you or any third party using your information, login, or password.

18. Warranty Disclaimers

You acknowledge that The Company has no control over, and no duty to take any action regarding:

  1. 1.which Users gain access to the Account and websites;
  2. 2.what effects the Content may have on you;
  3. 3.how you may interpret or use the Content;
  4. 4.what actions you may take as a result of having been exposed to the Content.

You release The Company from all liability for you having acquired or not acquired Content through the websites. The websites may contain, or direct you to other websites containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any content contained in or accessed through the Accounts and/or websites, and The Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the websites. The Company makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. The Company cannot guarantee that you will obtain the results you seek or warrant that our offered services will be error-free. The Company makes no representation or warranty of any kind with respect to use of Account and/or websites or the use or accuracy of the information provided.

USER ACCESSES AND USES THE WEBSITES AT HIS OR HER OWN RISK. THE PRODUCTS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPLETENESS OF ANY WEBSITE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY THE COMPANY ARE HEREBY DISCLAIMED. NEITHER THE COMPANY NOR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE ACCOUNTS AND WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE ACCOUNTS AND WEBSITES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF THE COMPANY, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS, OR ILLEGAL CONDUCT OF USERS OF THE ACCOUNTS AND/OR WEBSITES.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT TO THE EXTENT THAT ANY EXCLUSION OR LIMITATION OF ITS LIABILITY IS VOID, PROHIBITED OR UNENFORCEABLE BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF OR DAMAGE TO DATA OR INFORMATION OF ANY KIND, DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER, PERSONAL INJURY, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES (WHETHER THE CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHER LEGAL THEORY) ARISING OUT OF THIS AGREEMENT OR IN CONNECTION WITH USE OF THE ACCOUNTS AND WEBSITES AND ITS CONTENT, OR FOR ANY DIRECT DAMAGES IN EXCESS OF $100 (IN THE AGGREGATE), EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

The “Disclaimer” and “Limitation of Liability” provisions of this Agreement are for the benefit of The Company as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

20. General Terms

Entire Agreement The Terms, including the incorporated The Company Privacy Notice, constitutes the entire agreement between Users of the Accounts and websites and The Company regarding Users’ use of and access. Your use of the Accounts and websites is intended for your enjoyment and benefit and the provision of the Account and websites to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Accounts and websites.

Waiver & Severability

The failure of The Company to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law & Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Georgia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the websites will be brought solely in the federal or state courts located in Clayton County, GA, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. Neither the United Nations Convention on Contracts for the International Sale of Goods nor any enactment of the Uniform Computer Information Transactions Act shall apply to this Agreement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in connection with such action or proceeding and enforcing any judgment or order obtained.

Transfer & Assignment

This Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of The Company. The Company may assign this Agreement upon ten (10) days prior written notice to you provided via email (if available) and by posting notice to the Account and/or websites. This Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

No Independent Contractor or Joint Venture

The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint ventures or partners for any purpose.

21. Changes To Our Terms

The Company may modify these Terms of Service from time to time. The most current version of these Terms will govern your use of the Account and websites and will be located here. We will notify you of material changes to these Terms by posting a notice. By continuing to access or use the Account and websites after those changes become effective, you agree to be bound by the revised Terms of Service.

22. Contact Us

HD USA Parts
4004 Tradeport Blvd.
Atlanta, GA 30354
E-mail: customerservice@hdusaparts.com

Mailing Lists

We make portions of our customer lists available to carefully screened companies that offer products and services we believe you may enjoy. If you do not want to receive those offers and/or information, please contact us.

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