Ride Command Terms of Service

(a) Overview and Relation to Other Agreements. These Terms govern your use of the Services. Your purchase of any Product is subject to the limited warranty provided with that Product. The Product Software is licensed and governed by the Ride Command Product Software End User License Agreement (“EULA”), available below. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All additional guidelines, terms, or rules; the EULA; and the Ride Command Privacy Policy, available below; are incorporated by reference into these Terms, and you are agreeing to accept and abide by them by using the Services or Product Software.

(b) Eligibility. You represent and warrant that you (i) have reached the age of majority in the jurisdiction where you reside and have full legal capacity to form a binding contract with us or (ii) are at least 13 years of age (or equivalent minimum age in the jurisdiction where you reside) and will use the Services only with the permission of a parent or legal guardian who agrees to be bound by these Terms. You may use the Services only if you meet these eligibility requirements; you agree to these Terms; and you are in compliance with these Terms and all applicable local, state/provincial, national and international laws, rules, and regulations. The Services are not available to any users previously prohibited from using the Services by Polaris.

(c) Customer Service. If you have any questions or concerns regarding the Services or these Terms, please contact Polaris here. You understand and agree that customer service and customer care and support offered and provided by Polaris is not a 911 service or dispatch center, an emergency service provider or dispatch service, or a lifesaving solution for people at risk. Please do not contact customer service or any customer care and support offered by Polaris with any life/safety emergency, medical emergency, or any other emergency. If you have any such emergency, you should immediately contact the police, fire department, 911 or appropriate emergency response service.

(d) Term and Termination. These Terms will remain in full force and effect so long as you continue to access or use the Services or Product Software, or until terminated in accordance with these Terms. At any time, Polaris may (i) suspend or terminate your right to access or use the Services, (ii) terminate these Terms with respect to you if Polaris in good faith believes that that you have used the Services in violation of these Terms, including any incorporated guidelines, terms or rules. If you transfer a Product to a new owner, your right to use the Services with respect to that Product automatically terminates, and the new owner will have no right to use the Services under your Account (as described below) and will need to register for a separate Account with Polaris and accept these Terms.

(e) Effect of Termination. Upon termination of these Terms, your Account and your right to use the Services will automatically terminate.

(a) You may be required to create or log into a Polaris account (“Account”) to use the Services. Creating an account requires that you provide Polaris your designated email address and enter a password.

(b) You represent and warrant that: (i) all information you provide in connection with your Account is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Services will not violate any U.S. or other applicable law or regulation (e.g., you are not located in an embargoed country or are not listed as a prohibited or restricted party under applicable export control laws and regulations). You are entirely responsible for maintaining the confidentiality of your Account login information and for all activities that occur under your Account. You agree to maintain your password securely to prevent others from gaining access without your permission. You agree to notify us promptly of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We are not liable for any loss or damage arising from your failure to comply with the above requirements or from any losses resulting from unauthorized access to or use of your Account or the Services. You may be liable to Polaris or third parties for such unauthorized access or use.

(c) Any user you authorize to access or use the Services through your Account or Product is an “Authorized User.” Authorized Users are responsible for their own actions in connection with the Services, but you also agree to be fully responsible for all actions taken by Authorized Users in connection with Services accessed or used through your Account or Product. You agree to inform Authorized Users of the Ride Command Privacy Policy and any privacy-related choices you have made within the Services.

(a) Access and Use. Subject to these Terms, Polaris grants you a non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Services for the purpose of monitoring or controlling the Products you own or are authorized to monitor or control, or otherwise accessing a service provided by Polaris for your use in accordance with these Terms (the “Permitted Purpose”), and to download, install, and use one (1) copy of the Mobile App on your personal mobile device solely for the Permitted Purpose.

(b) Automatic Software Updates. Polaris may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Services (“Updates”). These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services. If you do not terminate a previously created Account, you may receive Updates automatically. You acknowledge that you may be required to install Updates to use the Services and you agree to promptly install any Updates Polaris provides. Your continued use of the Services is your agreement – (i) to these Terms; and (ii) any change or updates that Polaris may make to these Terms over time.

(c) Polaris-Provided Interface to Third-Party Products & Services. Over time, Polaris may provide the opportunity for you to interface the Products and Services to one or more third-party products and services, through and using the Services (“Third-Party Products & Services”). You decide whether and with which Third-Party Products & Services you want to interface. When you choose to connect Third-Party Products & Services to the Services, you may be shown details about any proposed exchanges of data between Polaris and the third party that is providing the product or service. Your activation is required through the Services or a third-party mobile application, product or service to allow these exchanges, and the connection between the Services and a third-party product or service will not be possible without your activation. You agree that Polaris may exchange information collected through the Services, including your personal information, in order to enable the interface you have authorized. Once this information is shared with the particular Third-Party Product & Service, its use will be governed by the third party's privacy policy and not by Polaris's privacy documentation. You acknowledge and agree that Polaris makes no representation or warranty about the quality or safety of any Third-Party Products & Services or the interface with the Services. Accordingly, Polaris is not responsible for your use of any Third-Party Products & Services or any personal injury, death, property damage, or other harm or losses arising from or relating to your use of any Third-Party Products & Services. You should contact the third party with any questions about their Third-Party Products & Services.

(d) Content. Certain materials may be displayed or performed on the Services (including, but not limited to text, graphics, articles, photographs, video, images, and illustrations) (“Content”). The Content also includes information that you and other users provide us in the course of using the Services (collectively, “User Submissions”), which we may use to provide, maintain and improve the Services. Some content may be visible to others. You may also post feedback, comments, questions, or other information to the Services. You are solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, or that you contribute in any manner to the Services; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you grant to Polaris an irrevocable, perpetual, worldwide, royalty-free, assignable, sublicenseable, transferrable license to use, modify, transfer, distribute, created derivative works from, reproduce, display, perform, or otherwise utilize such Content and any and all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. Polaris reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.

(e) Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you agree not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you agree not to modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Services; (iii) you agree not to access the Services in order to build a similar or competitive service or product; (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means; (v) you agree not to upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter the Services, Sites, Mobile App, or Product Software; (vi) you agree not to interfere with, disrupt, or attempt to gain unauthorized access to, the servers or networks connected to the Services or violate the regulations, policies, or procedures of such networks; (vii) you agree not to access (or attempt to access) any of the Services by means other than through the interface(s) that is provided by Polaris; and (viii) you agree not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Services or Products. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.

(f) Open Source. Certain items of independent, third party code may be included in the Services that are subject to certain open source licenses (“Open Source Software”). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license agreement under which such Open Source Software is distributed or to which it is subject.

(g) Privacy. Please review the Ride Command Privacy Policy, available below, which describes our practices regarding the information that Polaris may collect from users of the Services.

(h) Modification. Polaris reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Polaris will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof.

(i) Access Outside Certain Countries. Although some of the Services may be accessible worldwide, the Services are not available to all persons or in all countries. If you choose to access the Services from outside a country in which Polaris supports the Services ("Target Country"), you do so on your own initiative and you are solely responsible for complying with applicable local laws in your country. You understand and accept that the Services are not designed for use in a non-Target Country and some or all of the features may not work or be appropriate for use in such a country. To the extent permissible by law, Polaris accepts no responsibility or liability for any damage or loss caused by your accessing or use of the Services in a non-Target Country. You will be bound by these Terms wherever you use the Services.

(j) U.S. Government Owners and Authorized Users. The Services are a "Commercial Item," as that term is defined at 48 C.F.R. § 12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, and, if applicable, the Services are being licensed to U.S. Government end users (i) only as a "Commercial Item," and (ii) only with those rights as are granted to all other Owners and Authorized Users pursuant to these Terms.

(a) Intended Use of Polaris Services. The Services are intended to be accessed and used for non-time-critical information and services, including monitoring and control of Products. While we aim for the Services to be highly reliable and available, they are not intended to be reliable or available 100% of the time. The Services are subject to sporadic interruptions and failures for a variety of reasons beyond Polaris’s control, including Wi-Fi or Bluetooth intermittency, power disruptions, service provider uptime, mobile notifications and carriers, among others. You acknowledge these limitations and agree that Polaris is not responsible for any damages allegedly caused by the failure or delay of the Services.

(b) No Life-Safety or Critical Uses of the Services. You acknowledge and agree that the Services, whether standing alone or when interfaced with Third-Party Products & Services are not certified for emergency response. Polaris makes no warranty or representation that use of the Services with any Third-Party Products & Services will affect or increase any level of safety. YOU UNDERSTAND THAT THE SERVICES, WHETHER STANDING ALONE OR INTERFACED WITH THIRD-PARTY PRODUCTS & SERVICES, ARE NOT A THIRD-PARTY MONITORED EMERGENCY NOTIFICATION SYSTEM. FURTHER, YOU UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL POLARIS DISPATCH EMERGENCY AUTHORITIES TO YOU OR YOUR HOME IN THE EVENT OF AN EMERGENCY.

(c) Reliability of Services. You acknowledge that the Services, including remote access and mobile notifications, are not error-free or 100% reliable and 100% available. Proper functioning of the Services may rely and depend on, among other things, the transmission of data through a Bluetooth connection, your Wi-Fi network, enabled wireless device (such as a phone or tablet) and broadband internet access, for which neither Polaris nor any wireless or data carrier is responsible, and may be interrupted, delayed, refused, or otherwise limited for a variety of reasons, including insufficient coverage, power outages, termination of service and access, environmental conditions, interference, non-payment of applicable fees and charges, unavailability of radio frequency channels, system capacity, upgrades, repairs or relocations, and priority access by emergency responders in the event of a disaster or emergency (collectively “Service Interruptions”). You understand that Service Interruptions may result in the Services being unreliable or unavailable for the duration of the Service Interruption. We cannot and do not guarantee that you will receive notifications in any given time or at all. YOU AGREE THAT YOU WILL NOT RELY ON THE SERVICES FOR ANY LIFE SAFETY OR CRITICAL PURPOSES. There is no way for Polaris to provide specific information relating to a situation at issue. You acknowledge that it is your responsibility to educate yourself on how to respond to an emergency and to respond according to the specifics of your situation.

(d) Service Interruptions; no refund or rebate. The Services may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. You agree that you will not be entitled to any refund or rebate for such suspensions. Polaris does not offer any specific uptime guarantee for the Services.

(e) System Requirements. The Services may not be accessible without: (i) an Account; (iii) an enabled and supported wireless device, such as a phone or tablet (required for some features and functionalities of the Service); and (iv) other system elements that may be specified by Polaris. It is your responsibility to ensure that you have all required system elements and that they are compatible and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met. If you modify, substitute, move, or otherwise change any of the required system elements, it is your sole duty and responsibility to be sure they are compatible and properly configured to work with the Services. In addition, you acknowledge that Polaris may activate Bluetooth on your smartphone or tablet, with or without prior notification, in order to facilitate proper operation of the Services, enable communication with Products connected to the same Polaris account, and enable certain features.

(f) Ride Command Connected Services. Certain Products are equipped with Ride Command connected services (“Product Connected Services”), provided for a limited time starting on the date of purchase (after which fees apply). Features of the Product Connected Services include real-time traffic, weather, and enhanced destination search capabilities. Product Connected Services are available only while traveling in the United States and Canada. Product Connected Services use wireless communication networks and the Global Position System (“GPS”) satellite network to function. Not all Product Connected Services are available everywhere, particularly in remote or enclosed areas, or on all relevant Products at all times. The area in which you are riding may affect the availability or quality of your Product Connected Services.

The Product Connected Services are available only in places where Polaris has retained a wireless service provider for wireless service in that area and only if the wireless service provider has coverage, network capacity, reception, and technical compatibility with the Product Connected Services. Product Connected Services that use location information about your Product only work if GPS satellite signals are unobstructed, available in that place and compatible with Product Connected Services. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WHATSOEVER WITH THE UNDERLYING WIRELESS SERVICE PROVIDER OR ITS AFFILIATES OR CONTRACTORS AND THAT YOU ARE NOT A THIRD-PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN POLARIS AND THE UNDERLYING CARRIER. YOU HEREBY WAIVE ANY AND ALL CLAIMS OR DEMANDS THEREFOR.

(g) Product Information. The Services provide you information regarding the Products and their connection with other products and services (“Product Information”). All Product Information is provided “as is” and “as available”. We cannot guarantee that it is correct or up to date. In cases where it is critical, accessing Product Information through the Services is not a substitute for direct access of the information.

(h) Information Reliability. All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which (or from whose Account) such Content originated, and Polaris will not be liable for any errors or omissions in any Content. Polaris cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, we cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.

(i) Representations. You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation or is otherwise illegal; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of Polaris; (v) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (vi) jeopardizes the security of your Polaris Account or anyone else’s Account (such as allowing someone else to log in to the Services as you); (vii) attempts, in any manner, to obtain or access the password, account, products, devices, systems, or other security information from any other user or third party; (viii) violates the security of any computer network, or cracks any passwords or security encryption codes; (ix) runs Mail list, Listserv, or any form of auto-responder or “spam” on the Services, or any processes that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (x) copies or stores any significant portion of the Content; (xi) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; (xii) denigrates or disrupts any network capacity or functionality; (xiii) control equipment in hazardous environments or emergency services requiring fail-safe performance in which the failure of such software programs could lead directly to death, personal injury, or severe physical or environmental damage or (xiv) engages in remote monitoring to provide professional medical care for any individual, including without limitation, in any health care and assisted living environment.

(j) Safety. It is your responsibility to observe all safety measures required by applicable law or regulations while accessing or using the Services. Your access and use of the Services is at your own risk, and you should access and use the Services only when you can operate them safely. (k) Smart Device Standards/Use. The Products and Services may use various open or commonly available standards or means to communicate and work with smart or connected devices that are also similarly used by other systems or services not manufactured by Polaris, including Wi-Fi, Bluetooth, and IP devices. HOWEVER, SMART, CONNECTED OR OTHER DEVICES AND RELATED SERVICES (“SMART DEVICES”) THAT ARE NOT DESIGNATED BY POLARIS AS COMPATIBLE WITH THE PRODUCTS AND SERVICES MAY NOT WORK WITH THE PRODUCTS AND SERVICES, OR MAY HAVE LIMITED FEATURES OR FUNCTIONALITY, EVEN IF DESIGNED, SPECIFIED OR MARKETED TO OPERATE USING THE SAME OR SIMILAR STANDARDS OR MEANS OF COMMUNICATION. YOU AGREE ONLY TO USE SMART DEVICES DESIGNATED BY POLARIS AS COMPATIBLE WITH THE PRODUCTS AND SERVICES. FURTHER, YOU AGREE THAT POLARIS IS NOT RESPONSIBLE FOR, AND YOU HEREBY RELEASE AND HOLD POLARIS HARMLESS FROM AND AGAINST, ALL LIABILITY AND DAMAGES, INJURIES OR LOSS OF LIFE ARISING FROM. RELATED TO, OR CAUSED BY, ANY ATTEMPT BY YOU TO CONNECT, OR YOUR CONNECTION AND USE OF, SMART DEVICES THAT ARE NOT CERTIFIED BY POLARIS AS COMPATIBLE WITH THE PRODUCTS AND SERVICES.

(a) General. The Services rely on or interoperate with third-party products and services. These third-party products and services are beyond Polaris’s control, but their operation may impact or be impacted by the use and reliability of the Services. You acknowledge and agree that: (i) the use and availability of the Services is dependent on third party product vendors and service providers, (ii) these third-party products and services may not operate in a reliable manner 100% of the time, and they may impact the way that the Services operate, and (iii) Polaris is not responsible for damages and losses due to the operation of these third-party products and services.

(b) Third Party Service Providers Used by Polaris. You acknowledge that Polaris uses third party service providers to enable some aspects of the Services – such as, for example, data storage, synchronization, and mobile device notifications through mobile operating system vendors and mobile carriers. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO RELEASE AND HOLD HARMLESS THIRD-PARTY SERVICE PROVIDERS FROM ALL LIABILITY, DAMAGES OR LOSSES OF ANY KIND OR SORT, PERSONAL INJURY OR LOSS OF LIFE ARISING FROM YOUR USE OF THE PRODUCTS AND SERVICES.

(c) Equipment, ISP, and Carrier. You acknowledge that the availability of some of the Services is dependent on (i) your computer, mobile device, Bluetooth connection, and other related equipment (“Equipment”), (ii) your Internet service provider (“ISP”), and (iii) your mobile device carrier (“Carrier”). You acknowledge that you are responsible for all fees charged by your ISP and Carrier in connection with your use of the Services. You also acknowledge that you are responsible for compliance with all applicable agreements, terms of use/service, and other policies of your ISP and Carrier.

(d) App Stores. You acknowledge and agree that the availability of the Mobile App is dependent on the third-party websites from which you download the Mobile App, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). You acknowledge that these Terms are between you and Polaris and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Mobile App from it. You agree to comply with, and your license to use the Mobile App is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms, the more restrictive or conflicting terms and conditions in these Terms apply.

iOS Device Provision. If you are using the Mobile App on a mobile device that runs on iOS, you acknowledge and agree that (i) these Terms are concluded between you and Polaris, and not Apple, Inc. (“Apple”); (ii) Polaris, and not Apple, is solely responsible for the Mobile App; (iii) Apple has no responsibility whatsoever to furnish any maintenance and support services with respect to the Mobile App; (iv) in the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple and where applicable Apple will refund the purchase price you paid for the App; (v) to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App; (vi) Apple is not responsible for any claims that you have arising out of your use of the Mobile App; (vii) Apple will have no responsibility whatsoever for the investigation, defense, settlement or discharge of any third-party claim that the App infringes that third party's intellectual property rights; and (viii) Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

Google Play Provision. If you downloaded the Mobile App from Google Play or a successor mobile application marketplace, you agree that Google, Inc. will have no responsibility to undertake or handle support and maintenance of the App or any complaints about the App.

(e) Third Party Website Links and Referrals. The Services may contain links to other web sites operated by third parties (“Third-Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third-Party Sites and Referred Vendors are not under our control. Polaris provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Sites or Referred Vendors. Your use of these Third-Party Sites is at your own risk.

(f) User’s Behavior. Polaris is not responsible for any user’s behavior or for any personal injury, death, property damage, or other harm or losses arising from or relating to their use of the Services.

(g) Release Regarding Third Parties. Polaris is not responsible for third parties or their products and services, including, without limitation, the App Stores, Third Party Products & Services, Third Party Sites, Referred Vendors, Equipment, ISPs, and Carriers. Polaris hereby disclaims and you hereby discharge, waive and release Polaris and its licensors and suppliers from any past, present, and future claims, liabilities, and damages, known or unknown, arising out of or relating to your interactions with such third parties and their products and services.

(a) Polaris Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, trademarks, and trade secrets, in the Services are owned by Polaris or our affiliates or licensors. Your possession, access, and use of the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. Polaris and its affiliates and licensors and suppliers reserve all rights not granted in these Terms. You may not use the content of the Services in any other public or commercial way nor may you copy or incorporate any of the content of the Services into any other work, including your own website without the written consent of Polaris. You must have a license from us before you can post or redistribute any portion of the Services. Other than with respect to User Submissions, Polaris retains full and complete title to all content on the Services, including any downloadable software and all data that accompanies it. You must not copy, modify or in any way reproduce or damage the structure or presentation of the Services or any content therein.

(b) Feedback. You may choose to, or Polaris may invite you to submit comments, suggestions, or ideas about the Products or Services, including how to improve the Products or Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Polaris under any fiduciary or other obligation. Polaris may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Polaris does not waive any rights to use similar or related ideas previously known to Polaris, developed by its employees, or obtained from other sources.

(c) User Submissions. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use your User Submissions (including all related intellectual property rights) solely in connection with providing the Services and as directed by you. You also hereby do and shall grant each user of the Services a non-exclusive license to access and use your User Submissions through the Services and as permitted through the functionality of the Services and under these Terms. Furthermore, you understand that we retain the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Polaris does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, RELEASE AND HOLD POLARIS AND ITS LICENSORS AND SUPPLIERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS (COLLECTIVELY THE “POLARIS PARTIES”) HARMLESS FROM AND AGAINST (I) ALL CLAIMS, ACTIONS, LAWSUITS AND ANY OTHER LEGAL ACTION BROUGHT BY ANY THIRD PARTY AGAINST ANY OF THE POLARIS PARTIES ARISING FROM OR RELATING TO (A) YOUR USE AND YOUR AUTHORIZED USERS’ USE OF THE SERVICES, (B) YOUR VIOLATION AND YOUR AUTHORIZED USERS’ VIOLATION OF THESE TERMS, (C) ANY USER SUBMISSIONS OR FEEDBACK YOU PROVIDE; OR (D) YOUR VIOLATION AND YOUR AUTHORIZED USERS’ VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY (COLLECTIVELY “THIRD PARTY ACTIONS”); AND (II) ANY AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS AND JUDGMENTS (INCLUDING PAYMENT OF THE POLARIS PARTIES’ ATTORNEYS’ FEES AND COSTS) INCURRED BY ANY OF THE POLARIS PARTIES, ASSESSED OR FOUND AGAINST ANY OF THE POLARIS PARTIES, OR MADE BY ANY OF THE POLARIS PARTIES, RELATING TO OR ARISING FROM ANY SUCH THIRD PARTY ACTION (“THIRD PARTY RELATED LOSSES”).

YOU UNDERSTAND AND AGREE THAT YOUR INDEMNIFICATION OBLIGATION TO THE POLARIS PARTIES APPLIES EVEN IF SUCH THIRD-PARTY ACTION AND THIRD-PARTY RELATED LOSSES ARISE FROM THE NEGLIGENCE OF ANY KIND OR DEGREE, BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NON-COMPLIANCE WITH APPLICABLE LAW, OR OTHER FAULT OR WRONGDOING OF ANY OF THE POLARIS PARTIES. HOWEVER, NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO REQUIRE ANY INDEMNIFICATION WHICH WOULD RENDER OR MAKE THIS CLAUSE, IN WHOLE OR IN PART, VOID AND/OR UNENFORCEABLE UNDER APPLICABLE LAW. FURTHER, YOUR INDEMNIFICATION OBLIGATION SHALL NOT APPLY TO ANY WILLFUL, WANTON, INTENTIONAL OR RECKLESS MISCONDUCT OF THE POLARIS PARTIES, OR GROSS NEGLIGENCE OF THE POLARIS PARTIES IN THOSE STATES THAT DO NOT PERMIT INDEMNIFICATION FOR GROSS NEGLIGENCE. “THIRD PARTY” IS DEFINED HEREIN TO INCLUDE, AMONG OTHERS, AN AUTHORIZED USER, INCLUDING WITHOUT LIMITATION, A SPOUSE, PARTNER, FAMILY MEMBER, GUEST, NEIGHBOR, TENANT, EMPLOYEE OR INSURANCE COMPANY. Polaris reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify Polaris, and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without Polaris’s prior written consent. Polaris will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

(a) WE DO NOT GUARANTEE YOU UNINTERRUPTED SERVICES OR CONNECTIVITY FOR SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND POLARIS AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

(b) POLARIS AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POLARIS OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.

(c) POLARIS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND POLARIS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND SUCH THIRD-PARTY PROVIDERS.

(d) POLARIS MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, AND POLARIS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES. POLARIS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE SERVICES.

(e) THE SERVICES MAY PROVIDE YOU INFORMATION REGARDING YOUR PRODUCTS OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL INFORMATION PROVIDED REGARDING YOUR PRODUCTS OR PRODUCT PERIPHERALS IS PROVIDED FOR YOUR CONVENIENCE “AS IS”, AND “AS AVAILABLE”. POLARIS DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT INFORMATION PROVIDED REGARDING YOUR PRODUCTS OR PRODUCT PERIPHERALS WILL BE AVAILABLE, ACCURATE, OR RELIABLE.

(f) WHEN YOU INSTALL, SETUP OR USE THE PRODUCT SOFTWARE AND SERVICES YOU ARE GIVEN THE OPPORTUNITY TO CHANGE DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE CAN CAUSE NON-RECOMMENDED OR UNINTENDED OPERATION OR NON-OPERATION OF YOUR PRODUCTS OR SERVICES AND ANY CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR ANY DAMAGES AND LOSSES CAUSED BY, OR RELATED TO, THE CHOICES YOU MAKE FOR THE PARTICULAR SETTINGS FOR THE PRODUCT SOFTWARE SERVICES, AND SETTING OR CHANGING DEFAULTS.

The Services do not provide insurance for your Product or otherwise. You should protect against any risk of loss with the appropriate insurance coverage, and you are responsible for obtaining all insurance coverage you believe is necessary. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND THE APPLICABLE POLICY OR POLICIES OF INSURANCE YOU OBTAIN AND MAINTAIN, YOU RELEASE POLARIS AND ITS LICENSORS AND SUPPLIERS FROM ALL LIABILITY FOR ANY LOSS, OCCURRENCE, EVENT OR CONDITION COVERED BY YOUR INSURANCE.

IN NO EVENT SHALL POLARIS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.

IN EVERY EVENT, POLARIS' TOTAL MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL BE LIMITED TO THE GREATER OF TOTAL FEES ACTUALLY PAID TO POLARIS BY YOU FOR THE SERVICES OR ONE HUNDRED ($100.00) US DOLLARS. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.

Certain Services may be provided for a fee. You shall pay all applicable fees regarding the Services selected by you in accordance with the terms governing your purchase of those Services.

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, USA, without regard to principles of conflicts of law.

(a) Arbitration. Except for disputes relating to our intellectual property rights or claims that could be brought in small-claims court, all claims arising from or relating to these Terms or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its commercial arbitration rules and any supplementary procedures for consumer-related disputes, excluding any rules or procedures governing or permitting class actions. The AAA rules are available at www.adr.org. The arbitrator, and not any court or agency, shall have exclusive authority to resolve all disputes arising from or relating to these Terms, including without limitation any claim relating to its enforceability, performance, or breach. The arbitrator shall be empowered to grant whatever relief would be available in a court; provided, however, that the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Polaris will pay the additional cost. This dispute resolution provision will be governed by the Federal Arbitration Act. The parties understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

(b) Class Action Waiver. The parties agree that any arbitration shall be conducted in their individual capacities only, and not as a class action or other representative action. If any court or arbitrator determines that the class action waiver set forth in this Section 13(b) is void or unenforceable for any reason, or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

(c) Time Limitation. You agree that any claim you may have arising from or relating to these Terms or your use of the Services must be filed within one (1) year after the events giving rise to such claim, otherwise your claim will be forever barred.

We reserve the right to make changes to these Terms. Any changes we make to these Terms will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Sites or Mobile App. Your use of the Services and Product Software after such notice will be deemed acceptance of such changes.

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

These Terms set out the entire agreement between us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements between us. These Terms are not assignable, transferable or sub-licensable by you except with Polaris’s prior written consent. These Terms shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.