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This web site ("the Site") is owned and maintained by Polaris Acquisition
Corp ("Polaris"). By accessing or using this Site, you agree to be bound by
these Terms of Use. If you do not agree with these Terms of Use and do not wish
to be bound by them, please exit the Site and do not use the Site in the future.
Polaris may amend these Terms of Use at any time by posting the amended terms
here. Your continued use of the Site following the posting of any changes
signifies your acceptance of those changes.
INTELLECTUAL PROPERTY
All Site materials, including, without limitation, text, graphics and other
files, and the selection and arrangement thereof, are the exclusive property
of Polaris or its content suppliers, and are protected by United States and
international copyright laws. You may display, copy, distribute, and
download the materials on our Site for personal, noncommercial use only,
provided you do not modify the materials and that you retain all copyright
and other proprietary notices contained in the materials. You may not,
however, distribute, copy, reproduce, display, republish, download, or
transmit any material on this Site for commercial use without prior written
approval of Polaris. All Site content is Copyright ©2008 Polaris.
The trademarks, service marks, trade names, and logos (collectively, the
"Trademarks") used and displayed on our Site are registered and unregistered
trademarks of Polaris, and may not be copied, imitated or used, in whole or
in part, in connection with any product or service that is not authorized by
Polaris, in any manner that is likely to cause confusion among consumers, or
in any manner that disparages or discredits Polaris. The Trademarks used and
displayed on the Site are and shall remain the sole property of Polaris.
Nothing in these Terms of Use shall be construed as granting, by implication,
estoppel or otherwise, any license, ownership right, or right to use any
Trademarks used or displayed on the Site. The misuse of the Trademarks
displayed on this Site, or any other content on the Site, is strictly
prohibited.
Any materials that you may submit to Polaris through the Site shall be the
sole and exclusive property of Polaris. Do not submit any material through
the Site that you wish to remain proprietary or confidential to you.
Forward Looking Statements
This website includes "forward-looking statements" within the meaning of the
safe harbor provisions of the United States Private Securities Litigation
Reform Act of 1995. Words such as "expect,' "estimate," "project," "budget,"
"forecast," "anticipate," "intend," "plan," "may," "will," "could," "should,"
"believes," "predicts," "potential," "continue," and similar expressions are
intended to identify such forward-looking statements. These forward-looking
statements include, without limitation, Polaris' and Hughes Telematics'
expectations with respect to future performance, anticipated financial
impacts of the merger transaction and related transactions; approval of the
merger transaction and related transactions by shareholders; the satisfaction
of the closing conditions to the merger transaction and related transactions;
and the timing of the completion of the merger transaction and related
transactions.
These forward-looking statements involve significant risks and uncertainties
that could cause the actual results to differ materially from the expected
results. Most of these factors are outside our control and difficult to
predict. Factors that may cause such differences include, but are not limited
to, the possibility that the expected growth will not be realized, or will
not be realized within the expected time period, due to, among other things,
(1) the telematics environment; (2) competitive actions taken by automotive
manufacturers or other telematics firms; (3) general economic conditions; (4)
actions taken or conditions imposed by the United States and foreign
governments; and (5) the willingness of customers to use the services. Other
factors include the possibility that the merger does not close, including due
to the failure to receive required stockholder or regulatory approvals, or
the failure of other closing conditions.
Polaris and Hughes Telematics caution that the foregoing list of factors is
not exclusive. Additional information concerning these and other risk factors
is contained in Polaris' most recent filings with the Securities and Exchange
Commission ("SEC"). All subsequent written and oral forward-looking
statements concerning Hughes Telematics, Polaris, the merger, the related
transactions or other matters and attributable to Polaris or Hughes Telematics
or any person acting on their behalf are expressly qualified in their entirety
by the cautionary statements above. Hughes Telematics and Polaris do not
undertake any obligation to update any forward-looking statement, whether
written or oral, relating to the matters discussed in this news release.
Additional Information about the Merger and Where to Find It
In connection with the proposed merger, Polaris will file with the SEC a
Registration Statement on Form S-4 that will include a proxy statement of
Polaris. Polaris urges investors and security holders to read the proxy
statement/prospectus regarding the proposed merger when it becomes available
because it will contain important information. You may obtain copies of all
documents filed with the SEC regarding this transaction, free of charge, at
the SEC's website (www.sec.gov).
Polaris and its respective directors, executive officers and certain other
members of management and employees may be soliciting proxies from Polaris
stockholders in favor of the merger. Information regarding the persons who
may be deemed participants in the solicitation of Polaris' stockholders in
connection with the proposed merger will be set forth in the proxy
statement/prospectus when it is filed with the SEC. You can find information
about Polaris' executive officers and directors in its filings with the SEC.
DISCLAIMER OF WARRANTIES
THE SITE, AND ANY MATERIALS CONTAINED ON THE SITE, ARE MADE AVAILABLE
STRICTLY ON AN "AS IS" BASIS. POLARIS SPECIFICALLY DISCLAIMS, WITHOUT
LIMITATION, ALL WARRANTIES OF ANY KIND TO YOU AND OTHER THIRD PARTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY AND
ALL WARRANTIES OF PERFORMANCE, ANY AND ALL WARRANTIES OF FREEDOM FROM ERRORS
OR DEFECTS, ANY AND ALL WARRANTIES OF NON-INFRINGEMENT, AND ANY AND ALL
WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE
USAGE. POLARIS MAKES NO REPRESENTATION OR WARRANTY AS TO THE TIMELINESS,
SECURITY, ACCURACY OR COMPLETENESS OF THE SITE OR ANY INFORMATION OR
MATERIALS CONTAINED IN OR ACCESSED BY THE SITE. POLARIS DOES NOT GUARANTEE
OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING FROM THE SITE, IF ANY,
WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE
THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. POLARIS DOES NOT
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS
IN THE SITE WILL BE CORRECTED.
LINKS TO THIRD PARTY SITES
The Site may provide links to sites owned and operated by third parties.
Links to such third party sites are provided for your convenience only, and
should not be construed as an endorsement of any site, company, product or
service by Polaris. Any opinions or recommendations expressed in third party
sites are not the opinions or recommendations of Polaris. Polaris has not
reviewed any of the sites linked to this Site, and is not responsible for
the content of off-site pages or any other site linked to or linking to this
Site. Your use of any off-site pages or other sites is at your own risk.
LIMITATION OF LIABILITY
POLARIS ASSUMES NO LIABILITY FOR LOSS OR DAMAGE RESULTING FROM ANY USE OF OR
RELIANCE UPON THE SITE OR ITS CONTENT. IN NO EVENT WILL TRIVERGANCE BE
LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION,
OR OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR
CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR
RELATING TO THE SITE, ITS CONTENT, THE USE THEREOF, OR THE INABILITY TO USE
THE SITE, EVEN IF POLARIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGE.
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