TERMS OF SERVICE
Last updated September 09, 2022
TABLE OF CONTENTS
constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Polar Lights LLC ("Company", “we”,
“us”, or “our”), concerning your access to and use of the https://www.git-paid.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or
otherwise connected thereto (collectively, the “Site”). We are registered in Delaware, United States
and have our registered
office at 16192 Coastal Highway
, Lewes, DE 19958.
provides an online marketplace for the following goods, products, and/or services: Digital goods including, but not limited to,
access to GitHub repositories
(the “Marketplace Offerings”). In order to help make the Site a secure environment for the
OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on
the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to
waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use
our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have
The information provided on the Site is not intended for distribution
to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation
or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose
to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your
interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are minors in
the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by,
their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of
Use prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
indicated, the Site and the Marketplace Offerings are our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service
marks, and logos contained therein (the “Marks”) are owned or controlled by us or
licensed to us, and are protected by copyright and trademark laws and various
other intellectual property rights and unfair competition laws of the United
States, international copyright laws, and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site or the Marketplace Offerings and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
Provided that you
are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to
which you have properly gained access solely for your personal, non-commercial
use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site or the Marketplace Offerings, you represent and
(1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such
you are not a
minor in the jurisdiction in which you reside, or if a minor, you have
received parental permission to use the Site;
you will not access the Site or the Marketplace Offerings through automated or non-human means, whether through a bot, script or
otherwise; (7) you will not use the Site for any illegal or unauthorized
purpose; and (8) your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current,
or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any
You may not use the Site or the Marketplace Offerings for any illegal or
unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are
the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography
or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate
termination of your account and a lifetime ban from use of the Site.
We are a service provider
and make no representations as to the safety, effectiveness, adequacy,
accuracy, availability, prices, ratings, reviews, or legality of any of the
information contained on the Site or the Marketplace Offerings displayed or
offered through the Site. You understand
and agree that the content of the Site does not contain or constitute representations
to be reasonably relied upon, and you agree to hold us harmless from any
errors, omissions, or misrepresentations contained within the Site’s
content. We do not endorse or recommend
any Marketplace Offerings and the Site is provided for informational and
advertising purposes only.
You may be
required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password
confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
All Marketplace Offerings are subject to
availability, and we cannot guarantee that Marketplace Offerings
will be in stock. Certain Marketplace Offerings may be available
exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only
according to our Return Policy.
We reserve the
right to limit the quantities of the Marketplace Offerings offered or available
on the Site. All descriptions or pricing
of the Marketplace Offerings are subject to change at any time without notice,
at our sole discretion. We reserve the
right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of
the Marketplace Offerings purchased by you will meet your expectations or that
any errors in the Site will be corrected.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and
account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and
payment information, including email address, payment method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your
purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon
placing your order. If your order is subject to recurring charges, then you consent to our charging your
payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the
applicable order. We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
We reserve the right to refuse any order placed through the Site. We
may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may
include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors.
Please review our Return Policy posted on the Site prior to making any
You may not access or use the Site for any purpose other than that for
which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account
information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site
and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
- Use any information obtained from the Site in order to harass, abuse, or harm another
- Make improper use of our support services or submit false reports of abuse or
- Use the Site in a manner inconsistent with any applicable laws or
- Engage in unauthorized framing of or linking to the
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including
excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted
use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or
maintenance of the Marketplace Offerings.
- Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering and extraction
- Delete the copyright or other proprietary rights notice from any
- Attempt to impersonate another user or person or use the username of another
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active
information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or
- Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged
in providing any portion of the Marketplace Offerings to you.
- Attempt to bypass any measures of
the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Copy or
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the
software comprising or in any way making up a part of the Site.
- Except as may be the result of
standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the
- Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or
under false pretenses.
- Use the Marketplace Offerings as part of any effort to compete with us or
otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial
9. USER GENERATED
The Site may
invite you to chat, contribute to, or participate in blogs, message boards,
online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, including
but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by
- You have the written
consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by
- Your Contributions are
not false, inaccurate, or misleading.
- Your Contributions are
not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
- Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by
- Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
- Your Contributions are
not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person
or class of people.
- Your Contributions do not violate
any applicable law, regulation, or rule.
- Your Contributions
do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these
Any use of the Site or the Marketplace Offerings in violation of the
and the Marketplace Offerings.
By posting your
Contributions to any part of the Site or making Contributions accessible to
the Site by linking your account from the Site to any of your social networking
accounts, you automatically grant, and you represent
and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and
distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions,
and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on
the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to
monitor your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews
should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual
orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post
any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or
We may accept,
reject, or remove reviews in our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers
reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our
opinions or the views of any of our affiliates or partners. We do not assume liability for any review or
for any claims, liabilities, or losses resulting from any review. By posting a
review, you hereby grant to us a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by
any means, display, perform, and/or distribute all content relating to reviews.
As part of the functionality of the Site, you may link your account
with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing
your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your
use of the applicable Third-Party Account, and without obligating us to pay any fees or
making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts,
you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in
your Third-Party Account (the “Social Network Content”) so that it is available on and
through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your
account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that
if a Third-Party Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, then Social Network
Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account
on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH
THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to,
for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that
we may access your email address book associated with a Third-Party Account and your
contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts
who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback, or other information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us are
non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that
any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse
against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
WEBSITES AND CONTENT
The Site may
contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party
Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by
us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking
to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave
longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to
which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through
Third-Party Websites will be through other websites and from other companies, and we take
no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree
and acknowledge that we do not endorse the products or services offered on Third-Party
Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall
hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site and the Marketplace Offerings.
We care about data privacy and security. Please review our Privacy
Policy: https://www.git-paid.com/privacy. By using the Site or the Marketplace Offerings, you
Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world with laws or
other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United
States, then through your continued use of the
Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States. Further, we do not
knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the
U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal
information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as
is reasonably practical.
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
18. MODIFICATIONS AND
We reserve the right to change, modify, or remove the contents of the
Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on
our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We
will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the
We cannot guarantee
the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings.
construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any
corrections, updates, or releases in connection therewith.
Offerings are governed by and construed in accordance with the laws of the State of Delaware applicable to
agreements made and to be entirely performed within the State of Delaware, without regard to its
conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim
and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly
provided below) informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those
Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT
THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under
the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of
arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and
expenses. The arbitration may be conducted in
person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide
a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if
the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will
take place in US, Delaware. Except as otherwise
provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify,
vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute
shall be commenced or prosecuted in the state and federal courts located in US, Delaware, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction,
and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the
United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act
If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable,
and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity
of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for
jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Marketplace Offerings, including descriptions,
pricing, availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site
at any time, without prior notice.
THE SITE AND THE MARKETPLACE OFFERINGS ARE PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via
the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We
will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it.
25. USER DATA
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Marketplace Offerings. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that
such communication be in writing. 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 BY US OR VIA THE SITE. 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 any means other
than electronic means.
27. CALIFORNIA USERS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure
time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable
any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a
by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of
In order to resolve a complaint regarding the Site or the Marketplace
Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us
Polar Lights LLC
16192 Coastal Highway
Lewes, DE 19958