THESE TERMS AND CONDITIONS OF USE APPLY TO THE POLARIS AERO WEBSITE

OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the Polaris Aero website located at https://polarisaero.wpengine.com, and all associated sites linked to that site by Polaris Aero, LLC (“Polaris Aero”) (collectively, the “Site”). The Site is the property of Polaris Aero and its licensors, hereinafter referred to as “Polaris Aero.”

THESE TERMS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND POLARIS AERO, SO IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THEM CAREFULLY. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE AND POLARIS AERO WILL TREAT YOUR USE OF THE SITE AS AN ACCEPTANCE OF THESE TERMS OF USE FROM THIS POINT FORWARD. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT USE THE SITE.

You acknowledge and agree that Polaris Aero (or Polaris Aero’s licensors) own all legal right, title and interest in and to the Site, including all intellectual property rights therein, wherever in the world such rights may exist. Unless you have agreed otherwise in writing with Polaris Aero, nothing in these Terms of Use gives you any right to use Polaris Aero’s trademarks, trade names, service marks, logos, domain names or other distinctive brand features. When you cease using the Site, these Terms of Use shall continue indefinitely.

Polaris Aero reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. It is your responsibility to check these Terms of Use periodically for changes and you agree to waive notice of any changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Polaris Aero grants you a personal, non-exclusive, non-transferable, limited license, without the right to sub-license, to enter and use the Site.

CONTENT OF SITE

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Polaris Aero, and is protected by trade dress, copyright, trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Polaris Aero’s express prior written consent.

You may use information on Polaris Aero products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Polaris Aero for downloading from the Site, provided that you: (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purposes and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

YOUR USE OF THE SITE

You agree to use the Site only for purposes that are permitted by these Terms of Use and any applicable law, and only for your personal and non-commercial use. Any commercial use of the Site is strictly prohibited.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Polaris Aero reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Polaris Aero server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Polaris Aero, including any Polaris Aero account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Polaris Aero’s systems or networks, or any systems or networks connected to the Site or to Polaris Aero.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Polaris Aero on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of Polaris Aero or others.

Unless Polaris Aero has expressly agreed otherwise in writing, you may not assign or grant a sublicense to use the Site, grant any security interest regarding your rights to use the Site, or otherwise transfer any part of your rights to use the Site to any third party.

PURCHASES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site. You agree to abide by such other terms and conditions, including where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Polaris Aero’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Polaris Aero reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Polaris Aero may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Polaris Aero makes no commitment to update the materials on the Site with respect to such products and services.

END USER COMMUNICATIONS

Polaris Aero, at any time now or in the future, may allow you and other end users to use this Site to express opinions and communicate through comments, discussion groups, or other communication facilities that may be offered on or through this Site from time to time (collectively “Communities”). In the event of the existence of such Communities, Polaris Aero shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Polaris Aero, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Polaris Aero shall also have the right, but not the obligation, to remove any material from the Communities that Polaris Aero, in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of Polaris Aero.

By posting any materials, feedback, or other information on or through the Communities, you grant Polaris Aero a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.

This Site may contain links to websites maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites.

ACCOUNTS, PASSWORDS AND SECURITY

Certain features or services offered on or through the Site may require you to open an account (including setting up a Polaris Aero ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Polaris Aero immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Polaris Aero or any other user of or visitor to the Site due to someone else using your Polaris Aero ID, password or account.

You may not use anyone else’s Polaris Aero ID, password or account at any time without the express permission and consent of the holder of that Polaris Aero ID, password or account. Polaris Aero cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

PRIVACY

Polaris Aero’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Polaris Aero’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

LINKS TO OTHER SITES

This Site may contain links to other independent third-party websites (the “Linked Sites”). The Linked Sites are provided solely as a convenience to our visitors. The Linked Sites are not under Polaris Aero’s control, and Polaris Aero is not responsible for and does not endorse the content of the Linked Sites, including any information or materials contained on the Linked Sites. You will need to make your own independent judgment regarding your interaction with the Linked Sites.

THIRD PARTY CONTENT ON THE SITE

This Site makes use of content created or published by third parties (“Third Party Content”). Polaris Aero assumes no responsibility regarding the reliability or accuracy of, and does not endorse, any Third Party Content. Any opinions, advice, statements, services or other information expressed or made available in the Third Party Content is the sole responsibility of the respective authors or publishers of such Third Party Content.

DISCLAIMERS AND LIMITATIONS ON LIABILITY

POLARIS AERO DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. POLARIS AERO CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. POLARIS AERO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POLARIS AERO 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 AND/OR ANY POLARIS AERO SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST POLARIS AERO FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

SUBJECT TO THE PROVISIONS IN THE PRECEDING PARAGRAPH, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT POLARIS AERO AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH YOU MAY HAVE INCURRRED BY VIRTUE OF YOUR USE OF THE SITE REGARDLESS OF THE CAUSE OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER INTANGIBLE LOSS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT POLARIS AERO SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OF ANY KIND WHICH YOU MAY SUFFER DUE TO ANY CHANGES POLARIS AERO MAKES TO THE SITE, ANY PERMANENT OR TEMPORARY CESSATION IN YOUR ACCESS TO THE SITE, ANY DELETION OR CORRUPTION OF DATA AT THE SITE, YOUR FAILURE TO PROVIDE POLARIS AERO WITH CURRENT ACCOUNT INFORMATION OR YOUR FAILURE TO KEEP YOUR PASSWORD AND OTHER ACCOUNT INFORMATION SECURE AND CONFIDENTIAL. ALL OF THESE LIMITATIONS ON LIABILITY SHALL APPLY IN FULL REGARDLESS OF WHETHER POLARIS AERO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF ANY RISK OF LOSS BY YOU.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, POLARIS AERO IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGES OR LOSSES WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, POLARIS AERO’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SITE PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST POLARIS AERO (BUT NOT INCLUDING THE PURCHASE PRICE FOR ANY POLARIS AERO HARDWARE OR SOFTWARE PRODUCTS OR ANY POLARIS AERO CARE OR SIMILAR SUPPORT PROGRAM), OR (2) US$100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold Polaris Aero, 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 Aero by any third party due to or arising out of or in connection with your use of the Site, including any violation of law or of these Terms of Use.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the state of Arizona without regard to its conflict of laws provisions. You and Polaris Aero agree to submit any dispute regarding these Terms of Use or your use of the Site to the exclusive jurisdiction and venue of the state and federal courts in Maricopa County, Arizona, and you hereby waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to reasonable costs and attorneys’ fees. In the event of any controversy or dispute between Polaris Aero and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may, but is not required to, submit such controversy or dispute to mediation. If the dispute is not resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. NOTWITHSTANDING THE FOREGOING, IN THE EVENT OF LITIGATION, THE PARTIES HEREBY IRREVOCABLY WAIVE THEIR RIGHT TO A TRIAL BY JURY OF ANY DISPUTE BETWEEN THEM AND AGREE TO SUMIT THEIR DISPUTE TO A JUDGE FOR RESOLUTION. [Void Where Prohibited]

Polaris Aero administers and operates the Site from its location in Scottsdale, Arizona USA; other Polaris Aero sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Polaris Aero reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made 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.

MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Polaris Aero with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Polaris Aero with respect to such use are hereby superseded and cancelled. Polaris Aero will not accept any counteroffers to these Terms of Use, and all such offers are hereby categorically rejected. Polaris Aero’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Polaris Aero of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Polaris Aero and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties, and no other person shall be a third party beneficiary of these Terms of Use.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.  If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

iii.  Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

1. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
2. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
3. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as follows:

Garland Brown
Weiss Brown
6263 North Scottsdale Road, Suite 340
Scottsdale, AZ 85250

It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.

FEEDBACK AND INFORMATION

Any feedback you provide at this site shall be deemed to be non-confidential. Polaris Aero shall be free to use such information on an unrestricted basis.