POLARIS Website Usage Terms
Updated on: July 29, 2019
Site Ownership and Usage Agreement
By accessing or using the POLARIS website (the "Site"), these terms and conditions of use ("Terms") apply. This Site is owned and operated by NP Limited Partnership ("NP Limited", "POLARIS", "we", "us", or "our").
BY USING THE SITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Changes to these Terms
POLARIS reserves the right to at any time and at its sole discretion, to change, modify, add or remove portions of these Terms under which the Site is offered. It is up to you to periodically check these Terms for changes. Your continued use of the Site means that you agree to any changes to these Terms.
The Site is comprised of text, graphics, interfaces, photos, logos, sounds, music, videos, artwork, documents, and computer code (collectively, "Content"). Any such Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of Content, on the Site is owned, controlled or licensed either by or to POLARIS, and is protected by various copyright, trademark and unfair competition laws, as well as other intellectual property rights.
Unless Content that has been purposely made available for your use on or through the Site (such as download links), or otherwise granted within these Terms, no part of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way for publication, distribution, or commercial purpose, without POLARIS’s express prior written consent.
Prohibited use of the Site
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
You may not obtain or attempt to obtain any Content on the Site through any means not purposely made available through the Site.
You may not attempt to obtain unauthorized access to the Site or any systems or networks connected to the Site, by hacking, password "mining" or any other illegitimate means.
You agree that you will not take any action that could damage, disable, overburden, or impair the Site, the infrastructure of the Site, or any systems or networks connected to the Site or to POLARIS.
You agree not to interfere or attempt to interfere with the proper working of the Site, any transaction being conducted on the Site, or with any other person’s use of the Site.
The Site may also allow you to post, upload, input, or submit text, graphics, photos, logos, sounds, music, videos, artwork, documents, computer code, or other digital files (collectively, “Submitted Content”).
POLARIS does not claim ownership of any Submitted Content by you. However, by posting, uploading, inputting, submitting or otherwise providing Submitted Content, you are granting to POLARIS and our service providers, affiliates, or sublicensees permission to use your Submitted Content in connection with the operations of their businesses including, without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Submitted Content; and to publish your name in connection with your Submitted Content.
No amount of compensation will be provided with respect to the use of your Submitted Content, as provided herein. POLARIS is under no obligation to post or use any Submitted Content you may provide and may remove any Submitted Content at any time at our sole discretion.
You also warrant and represent to us that you own, control or have obtained the appropriate usage rights to your Submitted Content as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit your Submitted Content.
Site Communication Services
The Site may contain commenting or review systems, bulletin boards, chat areas, user groups, forums, or other messaging systems designed to let you correspond with or share your content with POLARIS and other Site users, or the public at large (collectively, “Communication Services”).
These Communication Services may utilize services from third-party service providers. If so, additional usage terms set by the relevant third-party may apply.
POLARIS is under no obligation to monitor the Communication Services. However, POLARIS reserves the right to review any and all Submitted Content through the Site’s Communication Services and to remove any content at POLARIS’s sole discretion.
POLARIS may also disable access to or discontinue the use of any and all Communication Services at any time, without notice.
Always use caution when providing information about yourself or others (including children) in any Communication Service. POLARIS does not control or endorse the content, messages or information contained in any Communication Services and, therefore, POLARIS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your use of any Communication Services.
Any Submitted Content available on or through the Site’s Communications Services are the views and opinions of the participants and do not necessarily reflect the views and opinions of POLARIS, our service providers, affiliates, or sublicensees.
Other Usage Terms
Additional usage terms and conditions may apply to specific sections, services or features of the Site, including those that may be set by third-party service providers. All are made a part of these Terms by this reference.
You agree to abide by any such terms and conditions, including, where applicable, representing that you are of legal age to use or access our websites, products, or services.
If there is a conflict between these Terms and the terms posted for or applicable to a specific section, service or feature available on the Site, the latter terms posted shall control with respect to your use of that specific section, service or feature.
User Accounts and Account Security
Some features or services may require you to have a user account on the Site. You are solely responsible for maintaining the security and confidentiality of the information to access your user account, including your password, and for any and all activity that occurs under your user account – including activity that may result from any unauthorized use of your user account, or any other breach of security that may occur as a result of failing to keep your user account information secure and confidential. You may be held liable for losses incurred by POLARIS or any other user of or visitor to the Site as a result of failing to keep your user account information secure and confidential.
You may not use anyone else’s user account at any time without the express permission and consent of the holder of that account. POLARIS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
If you already have a user account with us and want to terminate your account, you may do so at any time by either logging into your account profile and clicking “Unregister” or contacting us.
Links to Other Sites
This Site may contain links to other websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors and are not under the control of POLARIS.
POLARIS is not responsible for and does not endorse the content of any Linked Sites, including, without limitation, any information, links, or materials contained therein. POLARIS also is not responsible for webcasting or any other form of transmission that may be received from Linked Sites.
Trademarks and Copyright Credits
The Site may contain references to names or display logos of actual companies, products, or services. Any such names and/or logos may be the trademarks of their respective owners in the U.S. and other countries.
The Site may also reference example companies, organizations, products, people and events. Any such example references are fictitious and no association with any real company, organization, product, person, or event is intended or should be inferred.
THE SITE AND ALL SUCH CONTENT, SERVICES OR FEATURES MADE AVAILABLE ON THE SITE MAY CONTAIN DEFECTS, INACCURACIES, TYPOGRAPHICAL, OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITE AND POLARIS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE, INCLUDING BUT NOT LIMITED TO NON-ROUTINE MAINTENANCE, ROUTINE MAINTENACE OR ERROR CORRECTION, AT ANY TIME, WITHOUT NOTICE. ANY ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
POLARIS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES, CONTAMINATION OR DESTRUCTIVE FEATURES.
POLARIS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.
POLARIS MAKES NO REPRESENTATIONS ABOUT THE USABLITY, SUITABILITY, SECURITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, OR ANY INFORMATION, CONTENT, SERVICES, OR FEATURES CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SUCH CONTENT, SERVICES OR FEATURES ON THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND. POLARIS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD THE SITE AND ALL SUCH CONTENT, SERVICES OR FEATURES ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POLARIS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE ANY INFORMATION, CONTENT, SERVICES OR FEATURES THROUGH THE SITE, OR FOR ANY INFORMATION, CONTENT, SERVICES OR FEATURES OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POLARIS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify and hold POLARIS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against POLARIS by any third party either due to, in connection with, or arising out of your use of the Site.
Termination and Usage Restrictions
POLARIS reserves the right, in its sole discretion, to modify, suspend or terminate your user account, access to the Site or any portion of the Site, at any time, for any reason and without notice.
To the maximum extent permitted by law, these Terms is governed by the laws of the United States and the State of Ohio and you hereby agree to the exclusive jurisdiction and venue of courts in Delaware County, Ohio in any and all disputes arising out of or relating to the use of the Site and waive any objection to such jurisdiction or venue.
Any claim under these Terms must be brought within six months after the cause of action arises, or such claim or cause of action is barred.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and POLARIS as a result of these Terms or your use of the Site.
POLARIS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of POLARIS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, Content, Services or any Submitted Content provided to or gathered by POLARIS with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Void Where Prohibited
Although the Site is accessible worldwide, not all information, content, services or features discussed, referenced, provided or offered through or on the Site are available or appropriate for use outside of the United States. Any information, content, services or features made available on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Unless otherwise specified herein, these Terms constitute the entire agreement between the you and POLARIS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and POLARIS with respect to the Site.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that these Terms and all related documents be drawn up in English.
Questions or Feedback
If you have any questions or feedback about POLARIS’s Website Usage Terms, please contact us.