PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE LOCATED AT WWW.POLAR-RAY.COM. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.
ACCESSING AND USE OF THE WEBSITE
With the exception of applications commonly known as Web Browser software, or other applications formally approved Polar-Ray.com in writing, you agree not to use any software, program, application or any other device to access or log on to Polar-Ray.com's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from Polar-Ray.com's computer systems, Web site or proprietary software. Polar-Ray.com is not responsible for, and makes no warranties regarding, the access, speed or availability of the Internet in general or the website in particular.
You agree that you will not: (a) use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained herein without our prior written permission; (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any transaction being conducted on either; (c) take any action that imposes an unreasonable or disproportionately large load on our infrastructure; or (d) reverse engineer, reverse assemble or otherwise attempt to discover any source code. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Polar-Ray and our affiliates without express written consent. You may not use Polar-Ray’s name, trademarks, service marks, logos, designs, slogans or any other words or codes identifying Polar-Ray in any meta tags, "hidden text", information used search engines or other information tools to identify and select sites without the express written consent of Polar-Ray. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
ACCURACY OF INFORMATION
Polar-Ray attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, Polar-Ray does not warrant that product descriptions on the website are accurate, complete, reliable, current, or error-free. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. The website may also make also available certain data, news, research, statistics, stories, photographs and opinions or other information (collectively "Information") that it has prepared itself or that has been independently obtained other services and individuals, including news wires, statistics providers, journalists, authors and other providers (collectively the "Information Providers"). We do not guarantee or certify the accuracy, completeness, timeliness of the Information made available through Polar-Ray.com, the Information Providers or any other third party transmitting the Information (the "Information Transmitters"). You agree that neither Polar-Ray, the Information Providers nor the Information Transmitters shall be liable in any way for the accuracy, completeness, timeliness or correct sequencing of the Information, or for any decision made or action taken you relying upon the Information. You further agree that neither Polar-Ray, the Information Providers nor the Information Transmitters will be liable in any way for the interruption of any data, Information or other aspect of the website. You understand that none of the Information available through the website constitutes a recommendation or solicitation to take or not take any particular action.
Further, if a product offered Polar-Ray is not delivered as described, your sole remedy is to return it within 30 days in undamaged condition for a refund.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Polar-Ray or its affiliates for all claims resulting from content you supply. Polar-Ray has the right but not the obligation to monitor and edit or remove any activity or content. Polar-Ray takes no responsibility and assumes no liability for any content posted you or any third party.
Without limiting any of the foregoing, Polar-Ray is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Polar-Ray for any purpose whatsoever, including, but not limited to, developing and marketing products using such information.
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Polar-Ray. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Polar-Ray or such third party owner.
The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by, Polar-Ray and are protected copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
THIRD PARTY LINKS
From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled Polar-Ray. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Polar-Ray is not responsible for any content, materials or other information located on or accessible from any other Web site. Polar-Ray does not endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely a You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Polar-Ray.com so long as the link does not portray Polar-Ray.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the Polar-Ray logo or other proprietary graphic or trademark as part of the link without express written permission. You may not present the link to Polar-Ray.com in any way that suggests Polar-Ray.com has any relationship or affiliation with your site or endorses sponsors or recommends the information, products or services on your site without a written agreement from Polar-Ray.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. POLAR-RAY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND POLAR-RAY DOES NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, POLAR-RAY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, POLAR-RAY HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. POLAR-RAY MAKES NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY
Polar-Ray does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site. IN NO EVENT WILL POLAR-RAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
You agree to indemnify and hold Polar-Ray and its affiliates, officers, directors, members, shareholders, agents, employees, and licensors harmless from any claim or demand, including attorneys' fees, made any third party arising out of your violation of these Terms.
AGREEMENT TO ARBITRATE CONTROVERSIES
Any dispute relating in any way to your visit to Polar-Ray.com or to products you purchase through Polar-Ray.com or phone or means of written correspondence shall be submitted to confidential arbitration in Colorado, except that, to the extent you have in any manner violated or threatened to violate Polar-Ray’s intellectual property rights, Polar-Ray may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
CHOICE OF LAW; JURISDICTION
These Terms and Conditions supersede any other agreement between you and Polar-Ray to the extent necessary to resolve any inconsistency or ambiguity between them. This Web Site is administered Polar-Ray from its offices in Boulder Colorado. These Terms and Conditions will be governed and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the State and Federal courts located in Boulder County, State of Colorado. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
REVISIONS TO THESE TERMS AND CONDITIONS
Polar-Ray may revise these Terms and Conditions at any time and from time to time updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded expressly designated legal notices or terms located on particular pages at this Web Site.
You or Polar-Ray may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. Polar-Ray reserves the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice. You agree that Polar-Ray will not be liable to you or any third-party for any termination of your access to the website.