Polaris Xchange Terms of Use
These Polaris Xchange Terms of Use (Terms) form a legal contract between you and Polaris Inc. (Polaris), and govern your access to and use of the Polaris Xchange Services (as defined below). These Terms supplement, and hereby incorporate, the Polaris Terms of Use available at https://www.polaris.com/en-us/terms/. You may not use the Polaris Xchange Services, unless you agree to be bound by, and comply with, these Terms.
By visiting the Polaris Xchange website (the Site) or using the Polaris Xchange Services, you confirm that you have read and understand these Terms, and that you will comply with and be bound by these Terms.
Polaris reserves the right to make changes to these Terms at any time, and will notify you of any changes at the email address you provided. You should also check these Terms periodically for any changes. Your continued use of the Polaris Xchange Services after changes to these Terms constitutes your acceptance of those changes.
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.
A vehicle listed on the Site is not guaranteed to be available for purchase from a dealer. Polaris is never a party to any vehicle transaction, and does not collect payment, sell, transfer title, or deliver any vehicles.
Polaris Xchange Services
“Polaris Xchange Services” means the Site, any content on the Site and all products and services offered by Polaris through the Site, including vehicle listings and history reports, and user submitted content such as ratings and reviews. Please see the Polaris Terms of Use regarding user submitted content. Polaris has the right at any time to change or discontinue any aspect or feature of the Polaris Xchange Services, including, without limitation, the content and availability of any product or service. Please review the Polaris Privacy Notice (available at https://www.polaris.com/en-us/privacy), which applies to information collected by Polaris during your use of the Polaris Xchange Services.
User Account
You are required to register for and maintain a user account (Account) to utilize the Polaris Xchange Services. You must have attained the age of legal majority in your jurisdiction to have an Account, or a parent or legal guardian must control the account for you. You will be required to submit certain personal information to Polaris, such as your name, email address, 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 that 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.
Vehicle Listings
Polaris offers the Polaris Xchange Services to facilitate online vehicle listing in partnership with participating vehicle dealers. A vehicle listed on the Site is not guaranteed to be available for purchase from a dealer. Polaris is never a party to any vehicle transaction, and does not collect payment, sell, transfer title, or deliver any vehicles. Any vehicle deposits collected through the Site or any third-party services are collected by and for the benefit of the vehicle dealers, and not by Polaris. Dealers may include information about specific vehicles including vehicle condition and any special offers provided by the dealer. You should contact the relevant dealer to confirm any specific vehicle information, including but not limited to pricing, add-ons, taxes, fees and final purchase terms. Polaris makes no representations or warranties related to the accuracy or completeness of any information about any vehicle listed on the Site. Polaris may obtain vehicle recall information from third-parties, including vehicle OEMs, and Polaris may provide that recall information on the Site. Polaris will not obtain, and cannot provide, all recall information for all vehicles. Polaris does not guarantee that any non-Polaris OEM recall information provided on the Site is complete or accurate.
Vehicle History Reports
Vehicle history products and services are based only on information supplied to Polaris by third-parties, including the National Motor Vehicle Title Information System. Polaris makes no representation or warranty concerning the completeness or accuracy of the vehicle history information that is made available on the Site. Polaris cannot obtain complete history information for every vehicle. Therefore, Polaris cannot guarantee any vehicle history information provided is complete. Vehicle history information may be incomplete in material respects.
The National Motor Vehicle Title Information System (NMVTIS) is an electronic system that contains information on certain automobiles titled in the United States. NMVTIS is intended to serve as a reliable source of title and brand history for automobiles, but it does not contain detailed information regarding a vehicle’s repair history.
All states, insurance companies, and junk and salvage yards are required by federal law to regularly report information to NMVTIS. However, NMVTIS does not contain information on all motor vehicles in the United States because some states are not yet providing their vehicle data to the system. Currently, the data provided to NMVTIS by states is provided in a variety of time frames; while some states report and update NMVTIS data in “real-time” (as title transactions occur), other states send updates less frequently, such as once every 24 hours or within a period of days.
Information on previous, significant vehicle damage may not be included in the system if the vehicle was never determined by an insurance company (or other appropriate entity) to be a “total loss” or branded by a state titling agency. Conversely, an insurance carrier may be required to report a “total loss” even if the vehicle’s titling-state has not determined the vehicle to be “salvage” or “junk.”
A vehicle history report is NOT a substitute for an independent vehicle inspection. Before making a decision to purchase a vehicle, consumers are strongly encouraged to also obtain an independent vehicle inspection to ensure the vehicle does not have hidden damage. The Approved NMVTIS Data Providers (look for the NMVTIS logo) can include vehicle condition data from sources other than NMVTIS.
NMVTIS data INCLUDES (as available by those entities required to report to the System):
- Information from participating state motor vehicle titling agencies.
- Information on automobiles, buses, trucks, motorcycles, recreational vehicles, motor homes, and tractors. NMVTIS may not currently include commercial vehicles if those vehicles are not included in a state’s primary database for title records (in some states, those vehicles are managed by a separate state agency), although these records may be added at a later time.
- Information on “brands” applied to vehicles provided by participating state motor vehicle titling agencies. Brand types and definitions vary by state, but may provide useful information about the condition or prior use of the vehicle.
- Most recent odometer reading in the state’s title record.
- Information from insurance companies, and auto recyclers, including junk and salvage yards, that is required by law to be reported to the system, beginning March 31, 2009. This information will include if the vehicle was determined to be a “total loss” by an insurance carrier.
- Information from junk and salvage yards receiving a “cash for clunker” vehicle traded-in under the Consumer Assistance to Recycle and Save Act of 2009 (CARS) Program.
Consumers are advised to visit www.vehiclehistory.gov for details on how to interpret the information in the system and understand the meaning of various labels applied to vehicles by the participating state motor vehicle titling agencies.
Vehicle Trade-In
As part of the Polaris Xchange Services, Polaris may offer a feature facilitating the sale or trade of your used vehicle to a participating dealer, contingent upon dealer review and approval. As with all vehicle sales on the Site, Polaris is not and will not be a party to any vehicle transactions, and does not set or guarantee any purchase terms. Polaris also does not verify or warrant any information provided by you, a vehicle seller, or a dealer.
Information Collected for Credit Applications
By providing the information to complete and submit a credit application through the Polaris Xchange Services, you understand and agree that Polaris is acting as a conduit only, and all such information will be provided to one or more participating dealers and the financial institutions selected to receive your application (Credit Parties), and Polaris will not retain the information. You agree the Credit Parties may keep the application and any other information about you whether or not the application is approved. You certify that the information on the application and in any other application submitted to Polaris, is true and complete and you understand that false statements may subject you to criminal penalties. You authorize Polaris to transmit the application, and any other information you submitted in connection with the credit application, to the Credit Parties. In accordance with the Fair Credit Reporting Act, you authorize the Credit Parties to transmit your applications to other financial institutions for the purpose of fulfilling your request to apply for credit. Your application will be reviewed by such financial institutions on behalf of themselves and the Credit Parties. You agree that the Credit Parties may obtain a consumer credit report periodically from one or more consumer reporting agencies (credit bureaus) in connection with the proposed transaction and any update, renewal, refinancing, modification or extension of that transaction. If you ask a Credit Party, you will be informed whether a credit report was requested, and if so, the name and address of any credit bureau from which such Credit Party obtained your credit report. You agree that the Credit Parties may verify your employment, pay, assets and debts, and that anyone contacted by the Credit Parties is authorized to provide the Credit Parties with such information. You further authorize the Credit Parties to gather whatever credit and employment history the Credit Parties consider necessary and appropriate in evaluating your application and any other applications submitted in connection with the proposed transaction. You understand that the Credit Parties will rely on the information in the credit application in making any credit decision. The Credit Parties may monitor and record telephone calls regarding your account for quality assurance, compliance, training, or similar purposes. You consent to receive autodialed, prerecorded and artificial voice calls and text messages for servicing and collection purposes from the Credit Parties at the telephone number(s) provided in a credit application, including any cell phone numbers. The consent applies to the Credit Parties, who are the originating creditors in this transaction, as well as any assignee who may purchase your credit contract. You agree that this consent applies regardless of whether you agree to receive telemarketing, advertising and sales calls or text messages.
If applicable to your credit transaction, to help the government fight the funding of terrorism and money laundering activities, Federal law requires financial institutions to obtain, verify, and record information that identifies each person who opens a financial account. What this means for you: When you open an account, you will be asked for your name, address, date of birth, and other information to identify you. You may also be asked for your driver's license or other identifying documents.
STATE NOTICES
California Residents: An applicant, if married, may apply for a separate account.
Maine Residents: Consumer reports (credit reports) may be requested in connection with a credit application. Upon request, you will be informed whether or not a consumer report was requested and, if it was, of the name and address of the consumer reporting agency that furnished it.
Maine and Tennessee Residents: You must have physical damage insurance covering loss or damage to the vehicle for the term of the contract. For a lease, you must also have the liability insurance as described in the lease. You may purchase required insurance through any insurance agent or broker and from any insurance company that is reasonably acceptable to the Credit Parties. You are not required to deal with any of the Credit Parties’ affiliates when choosing an agent, broker or insurer. Your choice of a particular insurance agent, broker or insurer will not affect the Credit Parties’ credit decision, so long as the insurance provides adequate coverage with an insurer who meets the Credit Parties’ reasonable requirements.
Massachusetts Residents: Massachusetts law prohibits discrimination on the basis of sex, marital status, age, or sexual orientation.
New Hampshire Residents: If you are applying for a balloon payment contract, you are entitled, if you ask, to receive a written estimate of the monthly payment amount for refinancing the balloon payment in accord with the creditor’s existing refinance programs. You would be entitled to receive the estimate before you enter into a balloon payment contract. A balloon contract is an installment sales contract with a final scheduled payment that is at least twice the amount of one of the earlier scheduled equal periodic installment payments.
New York Residents: In connection with your application for credit, a consumer report may be obtained from a consumer reporting agency (credit bureau). If credit is extended, the party or parties extending credit or holding such credit may order additional consumer reports in connection with any update, renewal or extension of the credit. If you ask, you will be told whether a consumer report was requested and, if so, the name and address of any consumer reporting agency (credit bureau) from which such credit report was obtained.
Ohio Residents: Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
Rhode Island Residents: Consumer reports may be requested in connection with an application. Buyer has the right of free choice in selecting an insurer to provide insurance required in connection with a transaction subject to the Credit Parties’ reasonable approval in accordance with applicable law.
Vermont Residents: You authorize the Credit Parties and any financial institution with which a credit application is shared, and each of their respective employees or agents, to obtain and verify information about you (including one or more credit reports, information about your employment and banking and credit relationships) that they may deem necessary or appropriate in evaluating your credit application. If your credit application is approved and credit is granted, you also authorize the parties granting credit or holding your account, and their respective employees and agents, to obtain additional credit reports and other information about you in connection with reviewing the account, increasing the available credit on the account (if applicable), taking collection on the account, or for any other legitimate purpose.
Married Wisconsin Residents: No provision of any marital property agreement, any unilateral statement under Wis. Stat § 766.59 or any court decree under § 766.70 applied to marital property adversely affects the Credit Parties’ interests unless you furnish a copy of the agreement, statement, or court decree or the Credit Parties have actual knowledge of such adverse provision before credit is granted. Your non-applicant spouse should not sign the credit application if you are applying for individual credit.
No Modification
You may not modify the Polaris Xchange Services, except for as otherwise permitted in these Terms. In the event you or someone on your behalf does make any such modifications in violation of these Terms, you shall, and hereby do, assign all related intellectual property to Polaris and shall take any additional actions as necessary to transfer ownership of such intellectual property to Polaris.
Assumption of Risk
You agree that you use the Polaris Xchange Services solely at your own risk. You acknowledge and agree that Polaris, by providing the Polaris Xchange Services, is not acting as an automotive or recreational vehicle dealer, nor is Polaris giving you advice on which vehicle to purchase. You should use the Polaris Xchange Services as a tool, that should be combined with your own independent research, vehicle inspection, and test drive, to make your own independent decision about purchasing a vehicle. You assume full responsibility with respect to your decisions related to using the Polaris Xchange Services. Polaris is not liable, under any legal theory, for any loss, cost or damage arising directly or indirectly from your use or inability to use, any part of the Polaris Xchange Services. It is solely your responsibility to evaluate the accuracy, completeness and value of any information and content provided on the Site. Polaris makes no warranty as to your results from using the Polaris Xchange Services, or as to the accuracy or reliability of any Polaris Xchange Services. Polaris does not guarantee the delivery or accuracy of any communications with you, including any notifications. You agree that Polaris is not liable for the failure or error of any communications or notifications. You acknowledge that Polaris obtains data from public records (that may vary by state) and other third-party sources, which may be outdated, inaccurate and incomplete. If you provide written notice informing Polaris of incorrect information on the Site, Polaris will determine if any correction is warranted.
Disclaimers
The availability of the Polaris Xchange Services, including but not limited to refunds and home deliveries, is subject to local laws and dealer participation. Please check with your local dealer to confirm availability of services in your area.
No Warranty
The Polaris Xchange Services, the Site and the content therein 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 the Polaris Xchange Services in terms of correctness, accuracy, reliability, or otherwise. The contents of the Site 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 Polaris Xchange Services operating, but Polaris is not liable for any defects that may exist in the functionality of the Polaris Xchange Services. Polaris expressly disclaims all warranties of any kind related to the functionality of the Polaris Xchange Services, 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 Polaris Xchange Services will function to meet your requirements or that your access to the Polaris Xchange Services will be uninterrupted, timely, free of defects, or that any defects will be corrected. Polaris makes no warranty that the Polaris Xchange Services 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, your use of the Polaris Xchange Services, including all service or repair costs for your computer equipment and software.
Limitation of Liability
IN NO EVENT SHALL POLARIS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNATIVE, 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 LEGAL 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 Polaris Xchange SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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.
Third-Party Content
Polaris does not control or endorse any products or services available through any third-party products or services advertised on or linked from the Site. Any information or content expressed or made available through third parties, is provided by such third party and not by Polaris. Any concerns regarding third-party content should be directed to the relevant third party.
Disputes
You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to these Terms or the Polaris Xchange Services (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 Polaris Xchange Services 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 Polaris Xchange Services, (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.
Indemnification
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 Polaris Xchange Services, including, but not limited to, any 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 Site.
Termination
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 Polaris Xchange Services. You use the Polaris Xchange Services at your sole risk. If you are dissatisfied with the Polaris Xchange Services, the content of the Site, or any of these Terms, your sole and exclusive legal remedy is to discontinue using the Polaris Xchange Services. If you breach any of these Terms, then you may no longer use the Polaris Xchange Services. 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 Polaris Xchange Services. Any rights or licenses you granted to us under these Terms will survive termination. No amounts previously paid by you will be refunded.