Last Updated: April 2021
The terms “Polaris,” “we,” “our,” and “us” refer to Polaris Inc. and its affiliated businesses.
Some Sites or certain features or functions of Sites (games, promotions, messaging, etc.) may be subject to additional terms and conditions, which will be posted on the Site (“Local Terms”), all of which are incorporated herein by reference. If any of the Terms contained herein conflict with any Local Terms presented on any particular Site, then the Local Terms shall control.
You must agree to these Terms to use the Sites. By accessing or using the Sites, you agree to these Terms and the processing of your personal information in accordance with the Polaris Privacy Notice. If you do not agree to these Terms or the Polaris Privacy Notice, do not use the Sites. Polaris may periodically update or modify these Terms. The date of the most recent changes to these Terms is provided on these Terms. It is your responsibility to regularly review these Terms. By continuing to use the Sites after changes to these Terms, you are indicating that you agree to the modified Terms.
THE SITE IS NOT INTENDED FOR CHILDREN YOUNGER THAN 13 YEARS OLD, AND NO ONE YOUNGER THAN 13 YEARS OLD MAY PROVIDE ANY INFORMATION TO THE SITE.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND POLARIS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE SEE THE DISPUTES SECTION OF THESE TERMS FOR EXCEPTIONS TO THIS ARBITRATION NOTICE.
All trademarks, logos, text, graphics, video, moving images, user interfaces, visual interfaces, photographs, sounds, music, artwork and computer code (collectively, “Polaris Content”), including but not limited to the design, structure, selection, coordination, expression, look-and-feel, and arrangement of such Polaris Content contained on the Site is owned, controlled or licensed by Polaris, and is protected by unfair competition and intellectual property laws. You may not use any meta tags or other hidden text utilizing the Polaris name or any of our brand names or trademarks without our express written permission.
Except as expressly provided in these Terms, no part of the Site and no Polaris Content may be copied (including by mirroring, in-line linking, or embedding), reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Polaris’s express prior written consent. You acknowledge that any unauthorized use of any Polaris Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity.
You may use information about Polaris products and services such as product specifications sheets and similar materials that Polaris makes available for download from the Site, provided that you (a) do not remove any proprietary notice language on such documents or information, (b) use such information only for your own non-commercial use or to do business with us, and (c) do not copy or post such information on the internet or any networked computer, or publish in any media.
Rules for Your Personal Use of the Sites
The Sites are strictly for your personal, noncommercial use and for conducting business with us. You may not use any automated tools, programs, algorithms or methods, including those known as scrapers, robots, spiders, or deep-links or any similar or equivalent manual process, to access, copy or monitor any portion of the Site or any Polaris Content, and you may not obtain or attempt to obtain any information through any means not specifically provided by Polaris. Polaris strictly prohibits such activity, and reserves the right to take any lawful action to prevent, disrupt, or stop such activity.
You may not attempt to gain unauthorized access to any part of the Sites, to any other systems or networks connected to the Site, to any Polaris server, or to any of the services offered on or through the Site, by hacking, by password-mining or by any other unauthorized means. You may not attempt to penetrate or otherwise 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.
Any permitted links to the Site must comply with all applicable laws, regulations, and Polaris policies. Additionally, you agree that you will not (a) take any action that, in our sole discretion, imposes, or may impose an unreasonably large load on our infrastructure, (b) interfere or attempt to interfere with the operation or function of the Site, or (c) bypass any measures we may use to prevent or restrict access to the Site.
User Accounts and User Content
You may be required to register for and maintain a user account (“Account”) to access certain aspects of the Sites. You must have attained the age of legal majority in your jurisdiction to have an Account or have a parent or legal guardian control the account for you. You are prohibited from having an Account if you have previously been banned from accessing or using the Sites. You may be required to select Account credentials, including a user ID and password. Polaris may refuse to grant you a particular user ID for any reason. All user IDs and passwords are the property of Polaris and may be canceled at any time by Polaris without any prior notice or any liability to you or any other person. You may be required to submit certain personal information to Polaris, such as your name, address, phone number and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Please see the Polaris Privacy Notice regarding collection of your personal information.
It is your responsibility to keep your password confidential and your Account secure. You agree you are solely responsible for all activity and purchases that occur through your Account. You agree to notify Polaris immediately of any unauthorized use, or suspected unauthorized use, of your Account and any other breach of security. You further agree that you will not permit others, including those who have been banned from the Sites, to use your Account. Polaris reserves the right to terminate your Account for any reason, including any violation of these Terms. Polaris is 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 Sites. You may be liable to Polaris or third parties for such unauthorized access or use.
Any information you post or otherwise transmit to the Sites, including any comments, feedback, data, photos, videos, questions, or suggestions (“User Content”), are considered non-confidential and non-proprietary. In other words, you waive any and all rights to claim that Polaris’s or any third-party’s use of your User Content violates any of your rights including but not limited to moral rights, privacy, intellectual property, publicity, or any other rights. Polaris does not guarantee that you will have any opportunity to edit or delete your User Content. You acknowledge that you, not Polaris, are solely responsible for the composition of any User Content.
Polaris prohibits, and you agree you will refrain from, posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could incite a criminal act, give rise to civil liability, or otherwise violate any law. Polaris may monitor or review bulletin boards, chatrooms, discussions, postings, or transmissions in its sole discretion. However, Polaris has no obligation to do so and assumes no liability or responsibility arising from any User Content or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any User Content. Polaris may change, edit, or remove User Content at any time, for any reason, including if Polaris finds, in its sole discretion, User Content to be illegal, indecent, obscene, offensive, or in any way a violation of Polaris’s policies. Polaris will cooperate fully with any law enforcement authorities or any court order requesting or directing Polaris to disclose the identity of anyone posting User Content.
Regarding your User Content, you represent and warrant that:
- You are the author;
- You are accurately representing your identity;
- You have all rights, consents, and licenses to grant Polaris the rights to your User Content as described in these Terms;
- You have reached the legal age of majority, or are at least 13 years old and a parent or legal guardian consents to you submitting and posting your User Content;
- You are a bona fide owner and user of any Polaris product(s) mentioned, and your User Content reflects your honest opinion and experience with the Polaris products(s);
- No promise of payment has been made to you for your User Content, and you have no expectation of any payment in return for your User Content; and
- Your User Content does not contain anything that could be considered obscene, indecent, hate speech, to incite violence, or that is otherwise unlawful.
Polaris does not guarantee the accuracy, completeness, or usefulness of any User Content. Any opinions, advice, statements, services, offers, or other information contained in User Content are those of the author, and not of Polaris. You acknowledge that by providing access to the User Content on the Site, Polaris is acting only as a passive conduit for such User Content and is not undertaking any obligation or liability relating to any User Content or related activities on the Site.
Polaris does not guarantee that other users of the Sites are, or will be, compliant with the foregoing User Content Pledge or any other provisions of these Terms, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
Rights You Grant to Polaris
Any User Content you provide remains your property. By providing User Content to Polaris, however, you grant Polaris a worldwide, perpetual, irrevocable, transferable, fully paid-up, royalty-free license, with full rights to sublicense, to use, monitor, copy, modify, translate, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in whole or in part, in all formats and distribution channels now known or hereafter devised without further notice to or consent from you, and without compensation or payment to you or any third-party.
By providing User Content to Polaris, you grant Polaris an unrestricted, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicensable and transferable right and license to use your name, nickname, user name, biographical information, recordings of your voice, and any illustrations, photos, video clips, portraits, likenesses or pictures of you or any other indicia of your identity as contained in your User Content, in composite or distorted form or as otherwise incorporated into other creative works of authorship, in any media, format or technology, online or offline, whether now known or discovered in the future, and in any manner without further notice to or consent from you, and without compensation or payment to you or any third-party.
By submitting User Content, you agree to release, hold harmless and indemnify Polaris and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such User Content, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, and defamation.
You understand that Polaris is relying on your representations, grants of rights, waivers and releases in permitting you to submit User Content and use the Sites. You acknowledge that you may not terminate or rescind the grants of rights and licenses or the releases contained in these Terms.
In some cases, Polaris may, through the Sites, provide services that facilitate your connection to independent third-party providers of goods or services (“Third-Party Provider”) which could include vehicle dealers, payment processors, or financing providers. You acknowledge and agree that the Third-Party Providers, including authorized Polaris dealers, are independent entities, are separate from Polaris, and are not actual or apparent agents of Polaris in any way. Please see the Polaris Privacy Notice for information on third-party sites and plugins. In some cases, Polaris may provide certain information about specific vehicles, including related to vehicle history, condition, or information related to recalls. Information about specific vehicles, usually tied to a VIN number, is supplied to Polaris by third parties. Polaris does not guarantee that such vehicle information will be available for every vehicle, and does not guarantee that any information provided is accurate or complete. You should always personally confirm vehicle information through your own investigation and inspection.
When you send information to us via the Sites or by email, you are communicating with us electronically and you consent to our review and analysis of such messages and to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronic communications are never completely private or secure. You understand and acknowledge that anything you send electronically to the Sites or Polaris may be read or intercepted by others. Communicating with Polaris electronically does not cause Polaris to have any special responsibility or obligation to you. Electronic communications from Polaris to you, including any commercial marketing and non-marketing autodialed and prerecorded calls, text messages, and faxes are governed by the Polaris Privacy Notice and these Terms, including the arbitration and class-action waiver provisions of these Terms.
We maintain technical and organizational security measures designed to help protect your personal information from unauthorized access, disclosure, alteration, or destruction. Unfortunately, no data transmission or storage system is 100% secure or error-free, and we cannot guarantee the security of the information we collect.
The Sites and the Polaris Content are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible by law, Polaris disclaims all warranties, express or implied, including but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Polaris does not warrant or make any representations regarding use of content from the Sites in terms of its correctness, accuracy, reliability, or otherwise. The contents of the Sites could include technical inaccuracies or typographical errors and could be inaccurate or become inaccurate as a result of development subsequent to the posting of the content. Polaris has no obligation to verify or maintain the accuracy of such information.
Polaris works to keep the Sites operating, but Polaris is not liable for any defects that may exist in the functionality of the Sites. Polaris expressly disclaims all warranties of any kind related to the functionality of the Sites, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Polaris makes no warranty that the Sites will function to meet your requirements or that your access to the Sites will be uninterrupted, timely, free of defects, or that any defects will be corrected. Polaris makes no warranty that the Sites will be secure, or free of viruses, worms, or other harmful components. You agree that you are solely responsible for any damage or problems caused by, or related to, visiting the Sites, including all service or repair costs for your computer equipment and software. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Limitation of Liability
IN NO EVENT SHALL POLARIS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF POLARIS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
If this limitation of liability is held to be unenforceable, Polaris’s maximum liability to you shall not exceed the amount you paid to Polaris for the products or services giving rise to your claim. Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so the above limitations and exclusions may not apply to you. These Terms do not require you to waive any rights, where such waiver is prohibited by applicable law.
You agree to defend, indemnify, and hold harmless Polaris, its affiliates, licensors, and service providers, and its and their respective officers, directors, 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 or your use of the Sites, including, but not limited to, your User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Sites.
These Terms are effective until terminated by either party. If you no longer agree to be bound by these Terms, you must immediately stop accessing or using the Sites. You use the Sites at your sole risk. If you are dissatisfied with the Sites, the content or any of these Terms, your sole and exclusive legal remedy is to discontinue using the Sites. If you breach any provision of these Terms, then you may no longer use the Sites.
Polaris or its suppliers or vendors may at any time and for any reason, with or without cause, and in their sole discretion, and without any prior notice or liability to you, immediately: (a) suspend or terminate your authorization to use the Sites and any membership and account you may have; (b) suspend or terminate and permanently delete and destroy any user ID, password, URL, IP address, or domain name; (c) permanently delete and destroy any User Content that you or others may have posted or submitted to the Sites or otherwise transmitted to Polaris; and (d) prohibit you from using the Sites in the future.
If these Terms are terminated for any reason, then these Terms, including your indemnification obligations, will continue to apply and be binding upon you regarding your prior use of the Sites. Any rights or licenses you granted to us under these Terms will survive termination. No amounts previously paid by you will be refunded.
All matters relating to the Sites and these Terms, and any dispute or claim arising therefrom or related thereto (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 Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction).
You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to these Terms or the Sites (including the purchase of Polaris products via the Sites) (“Claims”) shall be resolved exclusively in the state or federal courts located in Hennepin County, Minnesota. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any Claims. You agree to commence any Claims within one (1) year after the Claim arises.
The foregoing notwithstanding, you and Polaris each agree to submit any disputes directly or indirectly arising out of or relating to these Terms or the Sites (including the purchase of Polaris products via the Sites) exclusively to final and binding arbitration taking place in Hennepin County, Minnesota. You agree and acknowledge that you and Polaris are each waiving the right to a trial by jury or to bring or to participate as a plaintiff or class member in any class, purported class, collective, coordinated, consolidated, or representative proceeding. The Federal Arbitration Act applies to these Terms.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Legal Department, Litigation Counsel, Polaris Inc., 2100 Highway 55, Medina, MN 55340. The arbitration will be conducted under the rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all fees will be governed by the AAA’s rules. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Polaris will pay the additional cost. 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. You may choose to have the arbitration conducted by telephone or based on written submissions.
The arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
Arbitration is not required for the following claims, which may be brought in court: (a) disputes related to intellectual property (like copyrights and trademarks), (b) Polaris claims related to unauthorized access, use of, or interaction with the Sites, (c) any claims you may have that qualify for small claims court, and (d) claims relating to the scope and enforceability of this arbitration provision.
The Polaris name, the terms Polaris On-Road, Off-Road and Snow; Polaris Boats; Polaris Adventures; Indian Motorcycle; Kolpin; Pro Armor; Trail Tech; 509; KLIM; REVEO; 4 Wheel Parts; and 4 Wheel Drive; the Polaris logo, and all related names, logos, product and service names, designs, and slogans are trademarks owned by Polaris or its affiliates or licensors. Polaris prohibits the use of such marks without prior written authorization from Polaris. All other names, logos, product and service names, designs, and slogans on the Sites are the trademarks of their respective owners.
Notices and Procedure for Making Claims of Copyright Infringement
Polaris respects the intellectual property of others, and requires that users and visitors to the Sites do the same. Polaris will process notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Notifications of claimed copyright infringement should be sent to Polaris’s designated copyright agent. If you believe in good faith that content on the Sites infringe your rights under U.S. copyright law, you (or your agent) may send Polaris a written notice by mail or e-mail requesting that Polaris remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Polaris a counter-notice. Notices and counter-notices must be sent in writing and meet the then-current statutory requirements imposed by the DMCA (see http://www.copyright.gov/ for details), which, with respect to notices of infringement, currently include, among other requirements, those listed below.
To submit a notice of copyright infringement, please provide Polaris the following information. Please be advised that to be effective, your notice must include all of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit Polaris to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Intellectual Property Counsel
2100 Highway 55
Medina, MN 55340
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING POLARIS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you have any questions about these Terms or would like to report a violation of these Terms or other Polaris policies, please contact us as follows:
By mail: Legal Department
Polaris Inc. 2100 Hwy 55
Medina, MN 55340,
By phone: 1-800-POLARIS (Monday to Friday, 8 am – 6 pm CST)
The paragraph headings in these Terms are only for convenience and have no legal effect. No waiver by Polaris of any term or condition set out in these Terms 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 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.