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 yamaha-motor.com (the "Yamaha Website" or "Website").

LEGAL TERMS & CONDITIONS OF WEBSITE ACCESS

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 /privacy-policy, 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 Household Bank (SB), 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 /privacy-policy 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.

By signing up for text messaging, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Yamaha and others texting on its behalf, at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any purchase.  

To opt-in to receive text messages from Yamaha, please follow the instructions as noted on the Yamaha website located at https://yamahaoutboards.com/email-signup. Message frequency on average is two (2) msg/month.

Yamaha’s text messages are intended to provide you with marketing and promotional information regarding Yamaha products and services. To receive Yamaha text messages, you must be a resident of the United States and 18 years of age or older.  Yamaha reserves the right to require you to prove that you are at least 18 years of age.

Message and data rates may apply to each text message sent or received in connection with Yamaha text messages, as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges. Yamaha does not impose a separate fee for sending Yamaha text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever. It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of Yamaha’s text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. 

To stop receiving text messages from Yamaha, text STOP to the five-digit short code from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you may then receive one (1) final message from Yamaha confirming your opt-out of text messaging. Following such confirmation message, no additional text messages will be sent to you unless you re-activate your consent to receive text messages. 

You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Yamaha immediately if you change your mobile telephone number. You may notify Yamaha of a number change by contacting Yamaha Customer Service at: (866) 894-1626.

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions.  You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Yamaha’s control, and Yamaha is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

Supported carriers may change from time to time, but currently include AT&T, Verizon Wireless,  T-Mobile/Sprint/Metro PCS, Cell Com USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless, Google Voice, Claro Puerto Rico, ACS/Alaska, Advantage Cellular, Appalachian Wireless, Bluegrass Cellular, Cellular Network Partnership (Pioneer), Cellular One of East Central Illinois, Chat Mobility USA, Coral Wireless (Mobi PCS), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI Communications Corp., Golden State Cellular, Illinois Valley Cellular (IV Cellular), i Wireless (IOWA Wireless); Nex-Tech Wireless, MTA Communications, MTPCS (Cellular One Nation), Cross Telephone Company (MBO Wireless), Duet IP (Maximum Communications New Core Wireless), Inland Cellular Telephone Company, Immix(Keystone Wireless), Mosaic (Consolidated or CTC Telecom), Northwest Missouri Cellular Limited. Peoples Wireless, Panhandle Telecommunications, Panhandle Telecommunications Systems (PTCI), RINA, Revol Wireless USA, SI Wireless/Mobile Nation, SRT Wireless, Texas RSA 3 Ltd (Plateau Wireless), Thumb Cellular, United Wireless among others. Carriers are not liable for delayed or undelivered messages.

To request more information, text HELP to the five-digit short code for the text messaging program about which you have questions (i.e., the five-digit number from which its text messages are being sent). You may also receive help by contacting Yamaha Customer Service at (866) 894-1626. 

Yamaha may suspend or terminate your receipt of Yamaha text messages if we believe you are in breach of these SMS Terms.  Your receipt of Yamaha text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Yamaha reserves the right to modify or discontinue, temporarily or permanently, all or any part of Yamaha text messages, with or without notice.

You agree to indemnify Yamaha in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Yamaha if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.