Last Updated: October 15, 2020
Polaris Industries Inc. and its subsidiaries and affiliates (“Polaris,” “we,” “our,” and “us”) provide services accessible through Polaris’ websites for use in scheduling RideReady service through a network of independent service providers (“Service Providers”) and accessing RideReady content. These services and RideReady content, collectively, are “RideReady” or the “Services.”
These Terms of Service (“Terms” or “Agreement”) are a Legal Agreement governing your access to and use of the Services and RideReady. Please read them carefully.
The term “you,” as used in these Terms, means any person or entity who accesses or uses the Services. These Terms give you specific legal rights, and you may also have other legal rights in addition, which vary by jurisdiction. THE provisions of these Terms regarding Warranty DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNIFICATION WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages or other rights, so those provisions of these Terms may not apply to you.
BY ACCESSING AND USING RIDEREADY, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS RIDEREADY AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU SHOULD CEASE ACCESSING OR USING THE SERVICES.
INDEPENDENT SERVICE PROVIDERS
Polaris does not endorse and is not responsible or liable for any services, content, data, advertising, or goods available or unavailable from, or through, any Service Providers (which includes, but is not limited to, Polaris Independent Dealers). You agree that should you use or rely on such services, content, data, advertising, or goods, available or unavailable from, or through any Service Provider, Polaris is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve Polaris. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.
You agree that Polaris is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Polaris relating to any interactions or dealings with any Service Provider and release Polaris from any and all liability for or relating to any interactions or dealings with Service Providers. In addition, you understand and agree that Polaris may exclude Service Providers from displaying in search results in the Services or RideReady for failing to meet particular Polaris standards regarding Service Provider conduct or performance. In addition, you understand that Polaris may exclude Service Providers from displaying in search results.
Polaris may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, POLARIS DOES NOT WAIVE ANY OF ITS DISCLAIMERS OF WARRANTIES OR LIMITATIONS OF LIABILITY.
Charges: Upon scheduling a service appointment and submitting your payment card information, you authorize RideReady or a payment provider on its behalf to pre-authorize your payment card up to the amount of the cost of the scheduled services. You authorize or a payment provider to process your payment on behalf of a Service Provider for services provided including but not limited to parts, accessories, soft goods, labor, shop supplies and applicable taxes. Your payment will be processed after the services are provided by an Service Provider. Payments transacting in RideReady are strictly between you and your Service Provider who is the merchant of record.
Cancellations: By using RideReady, you agree to your Service Provider’s cancellation policy. Any cancellation fees charged or refunded are at the sole discretion of the Service Provider. RideReady is not responsible for any cancellation fees.
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. 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.
You agree that we may communicate with you electronically regarding your use of RideReady, including communicating with you regarding scheduled service appointments. We may send any of these communications to you by text messages (i.e., SMS) at any mobile device number you provide us. We may send such text messages to you using autodialer technology. To withdraw your consent from receiving notice by text message, 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.
Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable, non-assignable revocable license to use RideReady. In connection with the license of RideReady hereunder, you acknowledge and agree that Polaris is expressly not selling to you, and you are not acquiring any right, title or interest in or to, any patents, copyrights, trade secrets, trademarks, service marks, trade names, or the company name of Polaris (collectively, “Polaris Intellectual Property”), and you will use RideReady strictly in accordance with our standards, policies and procedures as specified by us from time to time.
Restrictions on Use. You shall not: (i) make RideReady available to, or use RideReady for the benefit of, anyone other than yourself, except expressly permitted in these Terms; (ii) market, sell, distribute, sublicense, use, modify, translate, reproduce, create derivative works from, dispose of, rent, lease, or authorize or permit access or use of any portion of RideReady except as expressly permitted in these Terms; (iii) reverse engineer, decompile, or disassemble RideReady, except and only to the extent that such activity is expressly permitted by applicable law; (iv) interfere with or disrupt the integrity or performance of RideReady; (v) copy RideReady or any part, feature, function thereof; (vi) alter RideReady or any part, feature, function thereof; (vii) export or use RideReady in violation of U.S. law, including Department of Commerce export administration regulations; (viii) remove any copyright and other proprietary notices contained in RideReady; (ix) use RideReady in a manner which infringes or violates any of the intellectual property, proprietary, or other rights of any third party; or (x) access and use RideReady in any manner that is inconsistent with these Terms.
Additional Obligations. You shall comply with all federal, state, local and foreign laws, rules and regulations in connection with your access to, and use of, RideReady. RideReady may be accessed and used only in a form and manner approved by Polaris in its sole discretion, and only in accordance with these Terms.
OWNERSHIP AND INTELLECTUAL PROPERTY
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 (defined below), 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.
Feedback. You may choose to, or Polaris may invite you to submit comments, suggestions, or ideas about the Services or otherwise, including how to improve the 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.
User Submissions. You hereby grant us with a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicenseable and transferable right to access, display, or otherwise use any information, data, materials, video, photographs, images, Ideas, or content you provide to Polaris (“User Submissions”), including all related intellectual property rights, for any purpose, including without limitation the purposes of (a) providing you access to certain RideReady functionality, (b) developing, maintaining, supporting or improving RideReady or other Polaris products, services, websites, or applications, or (c) to provide you services in connection with your use of RideReady.
DISCLAIMER OF WARRANTIES
ACCESS TO AND USE OF RIDEREADY IS PROVIDED “AS IS”, “WITH ALL FAULTS”. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN these Terms, NO WARRANTY OR CONDITION, EXPRESS OR IMPLIED, IS MADE WITH RESPECT TO RIDEREADY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT.
Please note that some jurisdictions may not allow the above exclusion of implied warranties, so some of the above exclusions may not apply to you.
YOU USE RIDEREADY AT YOUR OWN DISCRETION AND RISK. POLARIS MAKES NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT RIDEREADY: (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 SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Polaris OR any of its OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST REVENUE, LOST PROFITS, OR LOST OR DAMAGED DATA IN CONNECTION WITH OR ARISING from tjhese terms or the services, EVEN IF Polaris OR ANY OF its OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF Polaris, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS UNDER these Terms FOR ANY CAUSE OF ACTION OR REASON WHATSOEVER SHALL NOT EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSES OF ANY LIMITED REMEDY OF ANY KIND.
You agree to immediately notify Polaris of and indemnify and hold harmless Polaris and its officers, directors, employees and agents from and against any claim or demand, including legal fees, due to or arising out of your use of RideReady, your violation of these Terms or failure to comply with any law, rule, or regulation, your breach of any representation or warranty in these Terms or any allegation that User Submissions or other materials you submit to Polaris infringe, misappropriate or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other right of any third party.
EXTERNAL THIRD-PARTY CONTENT
The Services may include hyperlinks or provide access to content, applications, or websites that are controlled and maintained by third parties (“Third-Party Content”). Polaris is not responsible for such Third-Party Content or its availability, and Polaris does not endorse any features, content, advertising, products, services, or other materials on or available through such Third-Party Content. You assume all risk, and Polaris disclaims all liability arising from your use of such Third-Party Content.
These Terms is governed, construed and enforced in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws. Jurisdiction and venue for all actions arising under these Terms shall be in the federal and state courts located in Minneapolis, The United States.
These Terms will remain in full force and effect so long as you continue to access or use RideReady or until terminated in accordance with these Terms. Polaris may immediately terminate these Terms, and/or your access to and use of RideReady, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Polaris reserves the right to refuse to provide the Services to you in the future. These Terms will automatically terminate upon your violation of any of these Terms. Upon termination of these Terms, all license rights granted to you shall immediately terminate and you must cease all use of RideReady. However, all other provisions of these Terms shall survive such termination.
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 Services. Your use of the Services 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’ 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.
You may contact Polaris with any questions about RideReady by telephone at (833) 359-0415 (Monday to Friday, 8 am – 5 pm CST), or by mail at located at Polaris Industries Inc., 2100 Highway 55, Medina, MN 55340, Attention: RideReady.