The term “Polaris Content” means any information, data, text, messages, articles, software, photos, video, graphics, music, sounds, and any other material or services posted on the Polaris Site by Polaris, except User Provided Content. You agree that all Polaris Content is the sole property of Polaris and its licensors who shall retain all right, title, and interest in and to it.
Polaris does not control, and is not responsible for, any User Provided Content, nor does Polaris guarantee its accuracy or integrity. Notwithstanding, Polaris retains the unlimited right, at its sole discretion, to monitor any and all User Provided Content and to edit, delete, render unavailable, or otherwise dispose of any User Provided Content without notice and without liability to any party. You acknowledge that you may be exposed to content that is offensive and/or objectionable to you.
The Polaris Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All Polaris Content on the Polaris Site is protected by copyright and is owned or controlled by Polaris or its licensors. You will abide by any and all additional copyright notices, information, or restrictions contained in any Polaris Content or User Provided Content on the Polaris Site. You may not modify, publish, retransmit, participate in the transfer, sale or resale of, copy (other than temporary copies that may appear in or be created by your browser), create derivative works of, distribute, perform, or display any Polaris Content in any way, except that you may make one copy for your personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Polaris Content.
The trademarks, logos, service marks, page headers, custom graphics, button icons, scripts, and trade dress displayed on the Polaris Site are registered and unregistered Trademarks of Polaris and others. Except as a provided in this Agreement or by written permission of Polaris, you may not copy, imitate, or use the Trademarks.
You represent, warrant, and covenant that: (a) you will not upload, post or transmit to, or distribute or otherwise publish through the Polaris Site either directly or indirectly any materials which (i) restrict or inhibit any other user from using and enjoying the Polaris Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (ii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) are unsolicited email (“Spam”), or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that your are least eighteen (18) years old. You specifically agree to comply with all local rules regarding online conduct and acceptable content.
You, or third parties, are not allowed to frame our site or use our proprietary marks as meta tags without our written consent. You may not use frames or utilize framing techniques or technology to enclose any Polaris Content without Polaris’s express written consent. Further, you may not utilize any Polaris Content in any meta tags or any other “hidden text” techniques or technologies without Polaris’s express written consent.
Polaris may for any reason change, suspend, or discontinue any aspect of the Polaris Site, this Agreement, Polaris Content, or User Provided Content at any time without notice or liability to you (“Changes”). Changes become effective upon posting on the Polaris Site. Your use of the Polaris Site after the time Changes are posted indicates your assent to the Changes. Polaris may also impose limits on certain features and services or restrict your access to parts or all of the Polaris Web Site without notice or liability. Your exclusive remedy in the event of any of the foregoing will be to terminate your use of the Polaris Site. Upon termination, you must immediately destroy any downloaded and/or printed Polaris Content, and any installations thereof, which you have obtained from the Polaris Site.
You agree to indemnify, defend, and hold harmless Polaris from and against any claim, liability, cost, damage, expense, or loss it may incur (including, without limitation, reasonable attorneys’ fees and costs) as a result of (i) your use of User Provided Content or Polaris Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others. Polaris reserves the right, but not the obligation to, at its own expense assume control of the defense of any action subject to indemnification by you under this Agreement. You agree not to settle any claim arising under this Agreement without the prior written consent of Polaris. You will use your best efforts to cooperate with Polaris in the defense of any claim.
POLARIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE COMPLETENESS, TRUTH, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT FOUND HEREIN. ALL CONTENT PROVIDED ON THE POLARIS SITE IS TO BE USED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. FURTHER, POLARIS MAKES NO WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS OR WILL BE ACCURATE, RELIABLE OR RESULT IN REVENUE OR SAVINGS TO YOU.
You agree that Polaris will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of the Polaris Site. This includes, but is not limited to, loss or injury caused in whole or in party by Polaris’s procuring, compiling, interpreting, reporting, or delivering any portion of the Polaris Site. Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent of the law.
You acknowledge that Polaris will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if Polaris has been advised of the possibility of such damages), resulting from or related to the use or inability to use the Polaris Site, whether or not such loss or damage is based on contract, tort (including negligence and strict liability), or otherwise.
The Polaris Site contains links to, and is linked from, other Polaris Web sites. Polaris makes no claim or representation regarding, and accepts no responsibility for any content, products, or materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites. Such reliance is at your own risk.
Some software, documentation, products, and technical information available on or through the Polaris Site may be subject to U.S. or foreign export controls. By accessing, downloading, purchasing, or using such software, documentation, products, or technical information, you represent and warrant that you are in compliance with and shall abide by any such applicable laws and regulations. Polaris makes no representation that materials on the Polaris Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.
This Agreement constitutes the entire agreement between Polaris and you with respect to your use of the Polaris Site. Any cause of action you may have with respect to your use of the Polaris Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and licenses granted by you to Polaris. The failure of Polaris to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
Polaris Sensor Technologies, Inc.
200 Westside Square, Suite 320
Huntsville, AL 35801
ASSENT BY USING POLARIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.