Program Terms and Conditions
Welcome to “Polaris Adventures Select” by Polaris Experience, LLC d/b/a Polaris Adventures (“Polaris”). These Terms of Use ("Terms") are a contract between you and Polaris, and govern your access to and use of any Polaris Adventures Select website, mobile application (such as for iPhone or Android) or content (the "Site") or any services, experiences, activities, events, rentals, and/or products made available through Polaris Adventures Select (collectively, "Services"). Please read these Terms carefully before accessing and/or using the Site and/or Services.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT REQUIRE YOU TO ARBITRATE ALL DISPUTES YOU HAVE WITH POLARIS ON AN INDIVIDUAL BASIS. PLEASE SEE SECTION 11 FOR MORE INFORMATION ABOUT THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND POLARIS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION.
1. TERMS OF USE
a) Acceptance of Terms: By accessing and/or using the Site and/or Services, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Services.
b) Amendment of Terms: Polaris may amend the Terms from time to time. Unless we provide a delayed effective date, all amendments will be effective upon written notice and posting of such updated Terms. Your continued access to or use of the Site and/or Services after such posting constitutes your consent to be bound by the Terms, as amended.
c) Additional Terms: In addition to these Terms, certain plans, offers, products, services, elements, or features may also be subject to additional terms, conditions guidelines or rules which may be posted, communicated, or modified by us or applicable third parties at any time. Your use of any such plan, offer, product, service, element, or feature is subject to those additional terms and conditions, which are hereby incorporated by reference into the Terms, provided that in the event of any conflict between such additional terms and the Terms, the Terms shall control. The Polaris Adventures Select Privacy Policy (http://www.polaris.com/en-us/company/privacy.aspx ) is hereby incorporated by reference.
2. SELECT PLATFORM
a) Polaris Adventures Select Platform: The Polaris Adventures Select platform enables consumers to reserve and access a wide range of recreational vehicles rentals and services. Polaris operates through a network of authorized Polaris Adventures outfitters (“Partners”).
b) Membership Options: There are a number of ways to utilize the Services, such as various membership plans, promotional plans, and non-subscription purchases. These options consist of different rentals, services and features and may be subject to additional and differing conditions, prices, policies, and limitations. We reserve the right to modify, terminate or otherwise amend our offered options and plans at any time in our discretion. Polaris makes no commitment to the Services offered and may modify, discontinue, remove, or suspend access to Services at any time and for any reason in our sole discretion.
c) Subscription Plans: To enjoy access to Polaris Adventures Select, you need to sign up for a membership plan. A membership plan starts on the date that you sign up and submit payment via a valid Payment Method (defined below). Each billing cycle is one month in length (a "Subscription Cycle"). Your Polaris Adventures Select membership automatically renews each month, and we will automatically bill the monthly subscription fee to your Payment Method each month, until your membership is cancelled or terminated. For example, if you purchase your Polaris Adventures Select membership on April 5, your subscription will automatically renew on May 5 (as further explained in "Subscription Cycles," below in Section 3(b)). You must provide us with a current, valid, accepted method of payment ("Payment Method"). We may update the accepted methods from time to time. All memberships will be governed by these Terms and will continue indefinitely until canceled, terminated, or expired.
d) Use of Credits: Depending on the membership plan you choose and purchase, you will be allotted credits to be used solely to book Services for each Subscription Cycle. You can choose how you use your credits across the assorted services available to you.
Credits accrue at the end of each Subscription Cycle upon successful payment, meaning that any credits you do not use during the applicable Subscription Cycle will roll over into future months if they do not fall under the credit expiration terms (as further explained in “Credit Accumulation,” below in Section 2(e)). You can see how many credits you have left in your account settings. When your Subscription Cycle automatically renews for the next month, you will automatically receive your new allotment of credits. If your membership is canceled or terminated, you will have 90 days to redeem your remaining credits. There will be no refund or payment for any unused credit amount.
Credits have no cash value or any other value outside of the Polaris Adventures Select platform and are not redeemable for cash. For the avoidance of doubt, the credits do not operate or serve as stored value facilities in any way.
e) Credit Accumulation: Members can accumulate and hold up to twelve (12) months of credits according to the accrual rate of their specific Membership Plan (Maximum Accrual Limit). In no event will the Member's credits exceed the Maximum Accrual Limit.
Example 1: If the Membership Plan allots 4 credits per month, the Member can accrue up to a maximum of 48 credits.
Example 2: If the Membership Plan allots for 12 credits per month, the Member can accrue up to a maximum of 144 credits.
In the event the next Subscription Cycle would allot the Member credits that would put the Member in excess of their Maximum Accrual Limit, Polaris Adventures will manually adjust the Member credit balance to keep the credits at or under the Maximum Accrual Limit. Example: If the Maximum Accrual Limit of Membership plan is 48 credits and the Member is carrying a credit balance of 48 credits at the end of Subscription Cycle, the Member will accrue an additional 4 credits for the current Subscription Cycle, followed by a manual adjustment for the expiring 4 credits, resulting in maintenance of the Maximum Accrual Limit (48 credits).
Credit History
| Credit Event | Event Type | Created Date | Running Credit Balance |
|---|---|---|---|
| -4 | Maximum Accrual Adj. | 1/15/2024 | 48 |
| 4 | Renewal | 1/15/2024 | 52 |
| 4 | Renewal | 12/15/2023 | 48 |
| 4 | Renewal | 11/15/2023 | 44 |
| 4 | Renewal | 10/15/2023 | 40 |
f) Vehicle Availability and Allocation: The exact number and type of Services you choose during any Subscription Cycle will depend on the number of credits needed to book the Services you select. The number of credits needed to book a particular Vehicle will vary and is determined based on a variety of factors. Polaris does not guarantee the availability of Partners, vehicles, services, or experiences, and such availability may change over time and at any time (including during any given Subscription Cycle). The type, quantity, credits, allocation and availability of Partners, vehicles, and other services offered, are determined by Polaris in our sole discretion.
g) Damage Waiver Plan: When available, Premium protection is included with all Membership Rentals. It means the member is responsible for the standard wear and tear damage to the vehicle (including parts, labor, loss of use) up to a set limit that varies by product line. All additional damage charges will be waived.
h) Polaris Adventures Select Account: Your Polaris Adventures Select account is personal to you and you agree not to create more than one account. You must not use or exploit the Site and/or Services for commercial purposes. We continually update and test various aspects of the Polaris Adventures Select platform. We reserve the right to, and by using the Site and/or Services you agree that we may include you in or exclude you from these tests without notice. You understand and agree that Polaris Adventures Select may take actions we deem necessary to prevent fraud and abuse.
You agree that the information you provide to Polaris Adventures Select at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up to date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorized users. To use the Site, you must have access to the Internet and may be required to download a Polaris Adventures Select mobile application to use some or all of Polaris Adventures Select features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site.
i) Eligibility: The availability of all or part of our Site may be limited based on geography, age, or other criteria as we may establish from time to time. You understand and agree at our sole discretion, we may disallow you from subscribing to Polaris Adventures Select or may terminate your subscription at any time. To participate in a Polaris Adventures Select subscription:
You must be at least 18 years old.
All Membership Plans and their benefits are available only to U.S. and Canada residents with valid driver's license. Credits may not be used on motorcycles or Slingshots without applicable, state-required driver's license endorsement.
You must have a valid major credit card with a U.S. or Canada billing address
Execution of liability release and waiver
Execution of rental agreement including proof of insurance where required
THE SITE IS NOT AVAILABLE TO ANY USERS SUSPENDED OR REMOVED FROM THE SITE BY POLARIS. BY USING THE SITE, YOU REPRESENT AND WARRANTY THAT YOU ARE A RESIDENT OF THE UNITED STATES OR CANADA, AT LEAST 18 YEARS OLD AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED. THOSE WHO CHOOSE TO ACCESS THE SITE DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH ALL LOCAL RULES INCLUDING, WITHOUT LIMITATION, RULES ABOUT THE INTERNET, DATA, EMAIL OR OTHER ELECTRONIC MESSAGES, OR PRIVACY.
j) Communications: By providing your information or creating an account, you agree that Polaris, its parent company, affiliates and/or subsidiaries may contact you by email, direct mail, telephone, or text messages at any of the addresses or phone numbers, as applicable, provided by you or on your behalf in connection with a Polaris Adventures Select account, including for marketing purposes. You may opt-out of marketing emails via the provided link or otherwise opt-out by contacting us at any time.
k) Vehicle Check Out: The Polaris Adventures Select member or Authorized user of credits through Credit Sharing Feature is required to be present and provide photo ID verification of identity to take possession of vehicles for any Polaris Adventures Select Service. Users within the Member's party are permitted to use the vehicles provided they: (1) meet the requirements set forth by Polaris for the Services, including the eligibility terms noted in Section 2(j) above; and (2) have completed all necessary agreements, waivers, releases, and other forms as required by Polaris from time-to-time to be registered as a vehicle operator or passenger within the Site.
l) Credit Sharing: Polaris Adventures Select Member can share credits with guests. Number of Available Guests is based on membership plan. Despite the limitation, members can remove an existing guest and add another at any point. Guest names and email addresses are required to enable the sharing process.
The guest receives an email invite, must accept the invitation, and create a non-member account on Adventures.Polaris.com. After Guests complete email verification, credits will automatically be transferred from the host member's account.
A member can transfer credits to Guests via the same Share Credits page only when the Guest has completed their account creation and verification Credit transfers are final. A pop up to Confirm Credit Share is displayed and verifies the intent to transfer credits.
3. FEES, BILLING, CANCELLATION
a) Recurring Billing: By initiating a Polaris Adventures Select membership, you authorize Polaris to charge you the recurring monthly subscription fee at the then current rate, which may change from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to taxes, fees, penalties, promotional offers and/or changing a subscription, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorize us to charge you any other fees you may incur in connection with your use of the Site, such as any taxes and cancellation or late fees, or damages, as further explained below. Note that even if you do not use the membership or access the Site and/or Services, you will be responsible for subscription fees until you cancel your subscription, or it is otherwise terminated or expired.
b) Subscription Cycle: When you sign up and purchase your Polaris Adventures Select membership, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your membership will automatically renew each month and you will be billed on the same date each month. We reserve the right to change the timing of our billing (and if we do, we will adjust the amounts we charge, as appropriate). In the event your paid membership begins on a day not contained in each month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Polaris Adventures Select membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date.
c) Refunds: Our fees (including the monthly fee for your membership and any other fees) are nonrefundable unless we specifically communicate otherwise. WE DO NOT PROVIDE REFUNDS FOR ANY PRIOR MONTHS INCLUDING FOR UNUSED CREDITS.
d) Price Changes:We reserve the right to adjust pricing at any time. Unless we expressly communicate otherwise, any price changes to your membership will take effect on your next billing cycle upon notice communicated through a posting on the Polaris Adventures Select website or mobile application or such other means as we may deem appropriate from time to time, such as email. If you do not cancel your membership, you will be deemed to have accepted these new fees.
e) Payment Methods: You may edit your Payment Method information by logging onto our website and editing it in your account settings. If a payment is not successfully settled due to expiration, credit card limits or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account, or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to suspend or terminate your access to our Site or Services.
f) Cancellation of Subscription:
Polaris Adventures Select memberships may require a minimum commitment period that may vary by region or plan. Memberships cannot be cancelled within the commitment period without penalty. After the commitment period expires, you may terminate your membership at any time by calling Customer Support and letting us know you would like to cancel. Subscription fees are not prorated for the month of termination regardless of whether Services were used. If you cancel your membership or it is terminated for any reason, you will have 90 days to redeem your credits through use of our Services. After 90 days, any unused credits will expire and you will no longer be able to access Services, credits, or features through the subscription.
g) Other Fees: You are responsible for paying all applicable fees related to the Services, including, without limitation, damage to the vehicle while under your possession that are not covered under the Damage Waiver Program as defined in Section 2(g) or costs related to the return the vehicle to us if not done by the scheduled return time. We reserve the right to change the policy regarding when we charge fees, to introduce additional fees and to change the amount of any such fees at any time.
h) Reservation and Cancellation of Services:
As a Polaris Adventures Select user, you must reserve your Services online or over the phone. If you need to cancel your Services, you may cancel in your Membership account or by calling Customer Support. Reservations must be cancelled at least 48 hours in advance for credits to be reinstated to your balance. For reservations cancelled within the 48-hour window, credits will not be refunded or returned.
i) Fees Charged by Partners: In addition to fees we charge, Partners may charge fees that you will be responsible for directly. For example, some Partners might charge extra for upgraded vehicles. Further, Polaris Adventures Select only gives you access to the vehicle or experience for which you signed up on the Site (and at the specified time and location). The Partner may have additional fees for use of additional Services or spaces.
j) Purchase of Additional Credits: Members have the ability to purchase additional credits through their Account and may be used to purchase services through the subscription. Members may not purchase credit in excess of their Maximum Accrual Limit.
4. PROMOTIONS
a) Trials: From time to time, we may offer a Trial membership that includes access to the Polaris Adventures Select platform during the Trial period. The Services, content and features available during your Trial may differ from those available during subsequent Subscription Cycles. Trials will have the program duration and price communicated at the time you sign up. Unless otherwise communicated, a trial begins at the moment of sign up (even if you choose not to take your first Ride until a later date) and ends at 11:59pm ET on the last day of the Trial (for a one-week Trial, this would be the same day of week of following week). If you cancel your Trial, your cancellation will be processed and your Trial period will end immediately, your credits will expire immediately and your upcoming reservations will be cancelled, unless we communicate otherwise. Each Trial membership automatically will convert to a regular monthly subscription and price based on member's market unless canceled by 12pm ET on the day before the last day of Trial. Customers that cancel and do not convert to a regular membership may not book Membership-only Services taking place after the end of the Trial membership period (even if booking occurred before the end of the applicable Trial period). Polaris Adventures Select reserves the right, in its absolute discretion, to determine your eligibility for a Trial. If in our discretion we believe you are not eligible for a Trial, we reserve the right to prevent you from signing up for a Trial or to terminate your promotional subscription. If we terminate your Trial because you have violated these Terms, you understand that you will not be eligible for a refund.
b) Other Promotions: Polaris Adventures Select may offer additional types of offers and promotions which will be subject to additional terms and conditions that Polaris Adventures Select may provide.
C) Polaris Vehicle Product Purchase: Polaris Adventures Select Members may convert up to 30 credits to provide a discount on purchase of a New Vehicle from Dealership. Members will be refunded after proof of registration of new purchase has been shown.
5. TERMINATION OR MODIFICATION BY POLARIS
You understand and agree that, at any time and without prior notice Polaris may terminate, cancel, modify, deactivate, disable, delete and/or suspend your membership, your account, any reservations placed, or your access to or use of the Site, these Terms and/or Services (or any portion thereof, including but not limited to your access to any or all Partners, credits, or Services). This includes the right to terminate or modify any membership prior to the end of any pre-paid or committed period. Upon any termination or otherwise, we may immediately deactivate your account and all related information and/or bar any further access to your account information and the Site. Polaris shall have no liability for, and you shall have no recourse for, any such termination or deactivation, except as set forth in the following sentence. If you are Polaris Adventures Select member, then upon any such termination by us without cause, as your sole recourse, we will issue you a prorated refund of the prepaid portion of your subscription applicable to future unused services (less any fees or costs for Services or services already used). If we determine that you have violated these Terms or otherwise engaged in illegal or improper use of your membership, Services and/or the Site, you will not be entitled to any refund and you agree that we will not be responsible for paying any such refund. You agree that Polaris will not be liable to you or any third party for any termination or modification to the Services regardless of the reason for such termination or modification. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of Services made by us is to cancel or terminate your subscription. If Polaris deletes your account for these reasons, you may not re-register for or use the Site and/or Services under any other username, email, payment method or profile. Polaris may block your access to the Site to prevent re-registration.
6. PRIVACY
Your privacy is important to Polaris. The Polaris Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to Polaris' collection, use, and disclosure of your personal information. When you make a reservation, the applicable Partner will have access to certain information about you, such as your name and email address, so it can process the applicable reservation or activity and make available Services and provide services to you. Please see the Privacy Policy for more information.
7. PLATFORM PROHIBITED CONDUCT
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
Harass, threaten, stalk, disrupt or defraud users, members or staff of Polaris or Partners or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
Act in a deceptive or fraudulent manner by, among other things, impersonating another person, accessing another user's account, or signing up for more than one account.
Share Polaris Adventures Select passwords with any third party or encourage any other user to do so;
Permit anyone to use any Services booked under your own membership, including other members;
Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
Upload material (e.g., virus) that is damaging to computer systems or data of Polaris or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party's use and enjoyment of the Site;
Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially, or ethnically insulting, libelous, or otherwise inappropriate content;
Decompile, reverse engineer, or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
Link to, mirror or frame any portion of the Site;
Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
Attempt to gain unauthorized access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
Make unsolicited offers, advertisements, proposals, or send junk mail or "spam" to users;
Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.
Failure to comply with any of these prohibitions and restrictions shall be grounds for Polaris to take immediately action, including, but not limited to: refuse or cancel Services or orders for such Services; terminate membership; and removal from Site access.
8. ELECTRONIC SIGNATURES AND AGREEMENTS
You acknowledge and agree that by clicking on the button labeled "CONFIRM PURCHASE," "SUBMIT", "DOWNLOAD", "PLACE MY ORDER", "I ACCEPT" or such similar links as may be designated by Polaris to accept the terms and conditions of these Terms, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the "E-Sign Act") or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY POLARIS. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
9. GENERAL DISCLAIMERS; NO WARRANTIES
SERVICES AND OTHER POLARIS ADVENTURES SELECT PRODUCTS AND SERVICES MADE AVAILABLE VIA THE SITE ARE PROVIDED BY THIRD PARTIES (AND THE DESCRIPTIONS OF THE FOREGOING POSTED ON THE SITE ARE PROVIDED BY SUCH THIRD PARTIES), NOT POLARIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOUR USE OF THE SITE AND YOUR ATTENDANCE AT, PARTICIPATION IN, PURCHASE AND/OR USE OF THE SERVICES, IS SOLELY AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY OR MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF, IN CONNECTION WITH, OR WITH RESPECT TO THE SITE AND/OR SERVICES.
IN NO EVENT SHALL POLARIS, ITS PARENT COMPANY, SUBSIDIARIES OR AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, THE “POLARIS PARTIES”) BE LIABLE FOR ANY ACT, ERROR OR OMISSION BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER'S ATTENDANCE, USE OF OR PARTICIPATION IN THE SERVICES, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY. POLARIS IS NOT AN AGENT OF ANY THIRD-PARTY.
FOR THE AVOIDANCE OF DOUBT, THE SITE AND SERVICES ARE PROVIDED “AS IS”.
10. PARTNER WAIVERS AND TERMS
Members redeeming Services are deemed to agree to the liability and damage waivers and terms of individual Partners. Your participation in any Services may be subject to additional policies, rules or conditions of the applicable Partner and you understand and agree that you may not be permitted to reserve or attend Services if you do not comply with such terms or the policies of the Partners. If you have questions about a Partner's waiver or other terms, please see the applicable Partner's website or contact the Partner directly.
11. MANDATORY ARBITRATION
PLEASE READ THE FOLLOWING CAREFULLY:
a) Purpose: Arbitration facilitates the prompt and efficient resolution of any disputes that may arise between you and Polaris. Arbitration is a form of private dispute resolution in which parties to a contract agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial.
Please read this Arbitration clause carefully. It stipulates that all disputes between you and Polaris shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this Arbitration provision, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, Class actions). Joining the Site and/or using the Services constitutes a waiver of your right to litigate claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in Arbitration, and court review of an Arbitration award is limited. The arbitrator must follow this Arbitration clause and can award the same damages and relief as a court (including attorneys' fees).
For the purpose of this Section, the term "Dispute" means any dispute, claim, or controversy arising out of, related to or in connection with this Agreement, the Site and/or Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration clause (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS SECTION.
b) Pre-Arbitration Dispute Resolution: Before initiating any Dispute, whether in court or arbitration, you must first give Polaris an opportunity to resolve the Dispute by mailing written notification to Polaris Industries Inc., General Counsel, 2100 Hwy 55, Medina, MN, 55340. That written notification must include: (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Polaris does not resolve the Dispute to your satisfaction within sixty (60) days after it receives your written notification, you may pursue your Dispute in arbitration.
c) Arbitration Procedures: Any Dispute arising out of, related to, or in connection with these Terms shall be solely and finally settled by arbitration in Minnesota in accordance with the United States Arbitration Act (9 U.S.C. §1), the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases. The arbitrator will apply Minnesota law and will have the power to decide all issues relating to the Dispute, including, without limitation, the validity, enforceability, and scope of this provision, the arbitrability of any issue, and the jurisdiction of the arbitrator. The arbitrator will have the power to award all remedies at law, to order specific performance of these Terms, and to hear and decide any and all issues or claims through summary judgment or summary disposition motions without requiring a hearing. The Parties waive all respective rights to appeal or redress in any other forum, except to obtain execution of any award as permitted under 9 U.S.C. Sections 10 and 11. Unless otherwise agreed by the Parties in writing, the arbitrator will be appointed within thirty (30) days after filing the demand for arbitration and the hearing will take place no later than one-hundred twenty (120) days after JAMS notifies the Parties that an arbitrator has been appointed. Except as may be required by law or as necessary to enforce an award in a court of competent jurisdiction, neither Party nor an arbitrator may disclose the existence, content or results of any arbitration without the prior written consent of both Parties.
d) Arbitration Award: The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator shall make any award in writing but need not provide a statement of reasons unless requested by a party. Such award by the arbitrator will be, confidential, final, and binding on the parties, except for any right of appeal provided by applicable federal law, including but not limited to the Federal Arbitration Act ("the FAA"), and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
e) Location of Arbitration: Arbitration shall take place in Hennepin County, Minnesota.
g) Class Action Waiver: Any Disputes arising out of or relating to your use of the Site and/or attendance at, participation in or use of Services, any purchase you make on or through the Site, any information you provide via the Site, and/or these Terms (including the formation, performance, or alleged breach), shall be submitted individually by you and will not be subject to any class action or representative status. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, representative action, consolidated action, or private attorney general action). Neither you, nor any other member and/user of the Site and/or Services, can be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding with respect to the matters set forth in the first sentence of this paragraph. You agree that this Class Action Waiver is material and essential to the arbitration of any Dispute and is non-severable from these Arbitration provisions. You understand that by agreeing to this Class Action Waiver, you may only pursue Dispute against Polaris in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
h) Limitation of Procedural Rights: You understand and agree that, by entering into this Section 11, you and Polaris are each agreeing to arbitration instead of the right to a trial before a judge or jury in a public court. By using the Polaris Site or any Services, you give up those procedural rights. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited in arbitration. The right to appellate review of an arbitrator's decision is much more limited than in court, and in general an arbitrator's decision may not be appealed for errors of fact or law.
i) Severability: If any clause within this Section 11, other than the Class Action Waiver clause above, is found to be illegal or unenforceable, that clause will be severed from this Section 11, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, then this entire Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court of competent jurisdiction.
j) Continuation: This Section 11 shall survive the termination of your contract with Polaris and your use of the Site and Services.
12. MISCELLANEOUS
a) Choice of Law; Forum: These Terms shall be governed in all respects by the laws of the State of Minnesota, without regard to conflict of law provisions, consistent with the Federal Arbitration Act (to the extent permitted by applicable law). If for any reason a claim proceeds in court rather than in arbitration (including any claims brought by parties outside the United States), the Dispute, including any appeals, shall be exclusively brought in state or federal court located in Hennepin County, State of Minnesota.
b) Assignment: We may assign our rights and obligations under these Terms. The Terms will inure to the benefit of our successors, assigns and licensees.
c) Severability: If at any time any provision of the Agreement is held by any court of competent jurisdiction to be illegal, void, or unenforceable such provision will be of no force and effect, but the illegality or unenforceability of such provision will have no effect on and will not impair the enforceability of any other provision of this Agreement. The Parties will attempt to agree upon a valid and enforceable provision that is a reasonable substitute thereof, and upon so agreeing, shall incorporate such substitute provision in this Agreement.
d) Headings: The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
e) Claims; Statute of Limitations: IN THE EVENT YOU HAVE A CAUSE OF ACTION THAT IS NOT OTHERWISE BARRED BY THESE TERMS, YOU AND POLARIS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND/OR THE SITE AND/OR ATTENDANCE AT, PARTICIPATION IN, USE OF OR PURCHASE OF SERVICES) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURS. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f) Waiver: No waiver of any of these Terms by Polaris is binding unless authorized in writing by an executive officer of Polaris. In the event that Polaris waives a breach of any provision of these Terms, such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of these Terms and will in no manner affect the right of Polaris to enforce the same at a later time. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
g) Notice: Except as explicitly stated otherwise, legal notices will be served, with respect to Polaris, on Polaris' national registered agent, and, with respect to you, to the email address you provide to Polaris during the registration process. Notice will be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing.
h) Survival: Cancellation, termination, or expiration of this Agreement for any reason shall not release either party from the liabilities or obligations set forth in this Agreement which remain to be performed or by their nature would be intended to be applicable following any such cancellation, termination, or expiration, including, without limitation, provisions relating to payment and Disputes.