|General Legal Matters
Use of this Web site is subject to Polaris Group's Terms
Polaris Group's collection, storage and use of information gathered through this
The contents of this Web site are copyright © 2007, Polaris Group, Inc.
All rights reserved.
Polaris Group, the Polaris Group logo, and certain other marks in this Web site
are the trademarks, trade names and service marks of Polaris Group. Any use of
such marks without the prior written consent of Polaris Group is prohibited.
Other trademarks and logos are the property of the parties to whom they are attributed.
IMPORTANT! THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS") GOVERN THE
USE OF THE Polaris Group WEBSITE (THE "WEB SITE") BY YOU AND YOUR EMPLOYEES AND
AGENTS (COLLECTIVELY REFERRED TO AS "YOU"). BY USING THE WEB SITE, YOU AGREE
TO ALL OF THE PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS.
Polaris Group (THE "COMPANY") RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS
AT ANY TIME IN ITS SOLE DISCRETION. YOUR USE OF THE WEB SITE AFTER SUCH CHANGES
ARE POSTED TO THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE
CONSULT THESE TERMS AND CONDITIONS REGULARLY.
These Terms and Conditions govern Your use of the Web site. These Terms and Conditions,
however, do not apply to the Company's products or services, which are the subject
of separate agreements.
You have a nonexclusive, nontransferable, limited, revocable right to use the
Web site solely for Your informational use in evaluating the Company and its
products and services. You may not use the Web site for any other purpose without
the Company's express prior written consent, including, without limitation, any
commercial purpose. For example, You may not and may not authorize any other
person or entity ("Person") to (i) frame the Web site or any portion thereof
(whereby the Web site or a portion thereof will appear on a user's screen with
a portion of another web site, or with content or advertising of any Person without
the Company's consent), or (ii) Co-brand the Web site or any portion thereof. "Co-branding" means
the display of a name, logo, trademark, or other means of attribution or identification
of any Person in such a manner reasonably likely to give a user of the Web site
the impression that such the Person is associated or affiliated with the Company,
or has the right to display, publish, transmit or distribute the Website or content
accessible within the Web site. In addition, You may not and may not authorize
any Person to link to any part of the Web site without the Company's prior written
consent. You agree to cooperate with the Company in causing any unauthorized
framing, Co-branding, linking or similar activity to immediately cease.
You acknowledge and agree that as between the Company and You, the Company is
the owner of all right, title and interest in the Web site and all content accessible
within the Web site (the "Content"), including, without limitation, all trademarks,
service marks, trade names, patent rights, copyrights, and other intellectual
property or proprietary rights with respect thereto. You will not reproduce,
transmit, publish or distribute sublicense or otherwise transfer or make available
to others, or edit, modify or create any derivative works of all or any part
of the Web site or the Content, without the express written consent of the Company,
other than limited printed copies of materials that you may need for Your own
use and that contains all of the Company's copyright and other notices.
You will have access to a variety of third party sources of content through the
use of the Web site and the Internet. The Company has made no effort to verify
the accuracy or suitability of any information contained in any such sources,
including, without limitation, any other website that you can link to from the
Web site. Accordingly, the Company has no liability or responsibility whatsoever
for any content provided by any other Person contained on or obtained through
the Web site. You acknowledge and agree that any access, use or reliance on any
such third party content is at Your own risk. You understand that, except for
information, products or services clearly identified as being supplied by the
Company, the Company does not operate, control or endorse any information, products
or services of any other Person on the Web site or the Internet in any way. You
also understand and agree that the Company does not guarantee or warrant that
files available for downloading from the Web site or through the Internet will
be free of infection or viruses, worms, Trojan horses or other malicious code
that may adversely effect You, Your computer or computer systems or Your data
or files. In addition, You are responsible for implementing sufficient procedures
and checkpoints to satisfy Your particular requirements for accuracy of data
input and output, and for maintaining a means external to the Website for the
reconstruction of any lost data. ACCESS TO AND YOUR USE OF THE WEB SITE AND ANY
INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS." THE COMPANY MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, NATURE OR DESCRIPTION EXPRESS,
IMPLIED OR STATUTORY WITH RESPECT TO YOUR USE OF THE WEB SITE OR THE CONTENT
CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH COURSE
OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY DISCLAIMS THE SAME.
The Company collects, stores and uses data collected from You in accordance with
Limitation on Liability
THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS
OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND
ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS
AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER
IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE
COMPANY TO USE THE WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE
APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
You will indemnify and hold the Company, its licensors, content providers, service
providers, employees, agents, officers, directors and contractors (the "Indemnified
Parties") harmless from Your breach of any of these Terms And Conditions or any
other terms, conditions, policies or procedures contained on the Web site, including,
without limitation, any use of Content other than as expressly authorized in
these Terms and Conditions. You agree that the Indemnified Parties will have
no liability in connection with any such breach or unauthorized use, and You
agree to indemnify and hold harmless the Indemnified Parties from any and all
resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees
in connection therewith. You will also indemnify and hold the Indemnified Parties
harmless from and against any claims brought by third parties arising out of
Your use of the information accessed from the Web site.
Polaris Group™ and the Polaris Group logo and other Company marks appearing
on the Web Site are either registered or unregistered trademarks of the Company.
Other trademarks, service marks and logos appearing in this Web site are the
property of either the Company, its content providers or other third parties.
The Company, its content providers and such third parties retain all rights with
respect to any of their respective trademarks, service marks or logos.
Headings. The headings of sections of these Terms
and Conditions are for ease of reference only and shall not be admissible in
any action to alter, modify or interpret the contents of any section hereof.
Last updated August 13, 2005
Governing Law and Jurisdiction. The validity and effect
of these Terms and Conditions shall be governed by and construed and enforced
in accordance with the laws of the State of Pennsylvania, without regard
to its conflicts of laws principles. ANY SUIT, ACTION OR PROCEEDING CONCERNING
THE WEB SITE, ITS USE, THESE TERMS AND CONDITIONS, OR CONCERNING ANY OTHER
POLICY OR PROCEDURE OF THE COMPANY REGARDING USE OF THE WEBSITE, MUST BE
BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN PHILADELPHIA COUNTY, PENNSYLVANIA,
AND YOU HEREBY IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS (AND
OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR
PROCEEDING; AND YOU IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE
LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT
OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH
COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
Entire Agreement; Amendments. These Terms and Conditions,
and agreements between the parties with respect to the subject matter hereof,
the sole and entire agreement between the parties with respect to the matters
Severability. The provisions of these Terms and Conditions
may be exercised and are applicable and binding only to the extent that they
do not violate any applicable laws and are intended to be limited to the
extent necessary so that they will not render these Terms and Conditions
illegal, invalid or unenforceable. If any provision or portion of any provision
of these Terms and Conditions are held to be illegal, invalid or unenforceable
by a court of competent jurisdiction, the remaining provisions or portions
thereof shall apply with respect to the subject matter hereof, and all such
remaining provisions or portions thereof shall remain in full force and effect.
Waiver. No failure or delay on the part of the Company to
exercise any right or remedy hereunder shall operate as a waiver thereof,
nor shall any single or partial exercise of any right or remedy by the Company
preclude any other or further exercise thereof or the exercise of any other
right or remedy. No express waiver or assent by the Company to any breach
of or default in any of these Terms and Conditions shall constitute a waiver
of or an assent to any succeeding breach of or default in the same or any
other term or condition hereof.
Copyright © 2007 Polaris Group, Inc.
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