Terms of Use

Effective: June 28, 2021

1.    Acceptance of the Terms of Use

These terms of use are entered into by and between you and Polaris Group (“Polaris Group”, “we "or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of Polaris Group’s websites, and all other online services offered by Polaris Group (collectively, the “Services”).

Please read these Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, located https://www.polaris-group.com/privacy.asp, incorporated herein by reference (the “Privacy Policy”). If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

By using the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all other eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Notice Regarding Dispute Resolution: These Terms of Use contain provisions that govern how disputes between you and Polaris Group are resolved, including an agreement to arbitrate, which may require you to submit claims you have against us to binding and final arbitration and limit you to claims against Polaris Group on an individual basis.

2.    Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Services, so you are aware of any changes, as they are binding on you.

3.    Accessing the Services and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, at our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for:

• making all arrangements necessary for you to have access to the Services.
• ensuring that all persons who access the Services through your Internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources Polaris Group offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to through the use of any interactive features on the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

4. Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Polaris Group, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

• your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• you may store files that are automatically cached by your Web browser for display enhancement purposes.
• you may print or download one copy of a reasonable number of pages of the website (or any other Polaris Group content that is accessible via the Services) for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use.

You must not:

• modify copies of any materials from the Services.
• use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Polaris Group. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.‌

a.    Trademarks

The Polaris Group name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Polaris Group or its affiliates or licensors. You must not use such marks without the prior written permission of Polaris Group. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

b.    Prohibited Uses

 You may use the Services only for lawful purposes and in accordance with these Terms of Use.

 You agree not to use the Services:

• to copy, frame or mirror any part of the Services.
• in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or Services to and from the US or other countries).
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms of Use.
• to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• to impersonate or attempt to impersonate Polaris Group, an owner or employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.

Additionally, you agree not to:

• use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
• use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
• use any device, website, or routine that interferes with the proper working of the Services.
• introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
• attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• otherwise attempt to interfere with the proper working of the Services.

c.     Monitoring and Enforcement; Termination

 We have the right to:

• take any action with respect to any user contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such user contribution violates the Terms of Use, including the Content Standards set forth in Section 6 hereof, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Polaris Group.
• disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
• terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS POLARIS GROUP AND ITS AFFILIATES, OWNERS, EMPLOYEES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. 

5.    Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of any information provided on or via the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third-party, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content we provide, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Polaris Group. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICE OR ENSURING THE CONTINUED OPERATION OF OUR SERVICES AS A RESULT OF CHANGES BY A THIRD PARTY. ‌

6.    Changes to the Services

We may update the content on the Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.‌

7.    Information About You and Your Visits to the Services

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.‌

8.    Linking to the Services and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.

The Services may provide certain social media features that enable you to:

• link from your own or certain third-party websites to certain content on the Services.
• send emails or other communications with certain content, or links to certain content, on the Services.
• cause limited portions of content on the Services to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• establish a link from any website that is not owned by you.
• cause the Services or portions of it to be displayed on, or appear to be displayed by, any other website, for example, by framing, deep linking, or in-line linking.
• link to any part of the Services other than the homepage.
• otherwise take any action with respect to the materials on the Services that are inconsistent with any other provision of these Terms of Use.

The Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.‌

9.    Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER POLARIS GROUP NOR ANY PERSON ASSOCIATED WITH POLARIS GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER POLARIS GROUP NOR ANYONE ASSOCIATED WITH POLARIS GROUP REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, POLARIS GROUP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

YOU EXPRESSLY AGREE THAT POLARIS GROUP IS NOT PROVIDING MEDICAL ADVICE VIA THE SERVICES. THE CONTENT PROVIDED THROUGH THE SERVICES AND OTHER MATERIALS, WHETHER PROVIDED BY US OR BY THIRD PARTIES IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF (A) THE ADVICE OF YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS, OR (B) A VISIT, CALL OR CONSULTATION WITH YOUR PHYSICIAN OR OTHER MEDICAL PROFESSIONALS. SHOULD YOU HAVE ANY HEALTH-RELATED QUESTIONS, PLEASE CALL OR SEE YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER PROMPTLY. SHOULD YOU HAVE AN EMERGENCY, CALL YOUR PHYSICIAN OR 911 IMMEDIATELY. YOU SHOULD NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF ANY CONTENT PRESENTED ON THE SERVICES, AND YOU SHOULD NOT USE THE SERVICES OR ANY CONTENT ON THE SERVICES FOR DIAGNOSING OR TREATING A HEALTH PROBLEM. THE USE OF THE SERVICES DOES NOT CONSTITUTE OR CREATE A DOCTOR-PATIENT, THERAPIST-PATIENT OR OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND POLARIS GROUP.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.‌

10.        Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL POLARIS GROUP, ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OWNERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF POLARIS GROUP, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.‌

11.        Indemnification‍

You agree to defend, indemnify, and hold harmless Polaris Group, its affiliates, licensors, and service providers, and its and their respective officers, directors, owners, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of, or inability to use,  the Services, including, but not limited to, your user contributions, and any use of the Services’ content, services, and products or your use of any other information obtained from the Services.‌

12.        Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related there to (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the Middle District of Florida (although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.‌

13.        Arbitration

 At Polaris Group’s sole discretion, we may require you to submit any disputes arising from the use of these Terms of Use, including disputes arising from or concerning our interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration in Indianapolis, Indiana, under the Rules of Arbitration of the American Arbitration Association applying Indiana law.‌

14.        Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

15.        Waiver and Severability

No waiver by Polaris Group of any tremor condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Polaris Group to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.‌

16.        Entire Agreement‍

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.‌

17.        Your Comments and Concerns 

The Services are operated by: 

Polaris Group

3030 N. Rocky Point Drive

Suite 240

Tampa, FL 33607

All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to info@polaris-group.com or at (800) 275-6252.