Terms of Service
Updated: March 30, 2022
PLEASE READ THE DISPUTE RESOLUTION PROVISION BELOW BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ARENA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
The Services are not intended for the use of children under 18 and no such person is authorized to use them.
License to use website; Acceptable Use Unless otherwise stated, Arena and/or its licensors own the intellectual property rights in the Services and all materials offered through the Services. Subject to the license below, all these intellectual property rights are reserved.
You must not: republish material from the Services (including republication on another website or application); sell, rent or sub-license material from the Services; show any material from the Services in public; reproduce, duplicate, copy or otherwise exploit material on or through the Services for a commercial purpose; edit or otherwise modify any material on the Services; or redistribute material from the Services.
You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use the Services to copy, store, host, transmit, send, use, publish or distribute any material which is obscene, abusive, false, violent or defamatory or consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. We maintain sole discretion to remove, without notice, any material which we deem to be inappropriate for any reason.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Services without Arena’s express written consent.
You must not use the Services to transmit or send unsolicited commercial communications.
You must not use the Services for any purposes related to marketing without Arena’s express written consent.
You may not use or export or re-export any Services in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Notice of Infringement We do not permit copyright infringing activities and infringement of intellectual property rights on the Services and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. Anyone believing that any material displayed through the Services is infringing their copyright interest or otherwise violating any of their rights may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
description of the copyrighted work that you claim has been infringed;
description of the material that you claim is infringing and where it is located on the Services;
identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
your address, telephone number, and email address;
statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org or by mail at Copyright Agent, c/o Arena Analytics, 502 S. Sharp Street, Baltimore, MD 21201. Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
Disclaimer While we believe and intend that our information security practices reflect good practice, there is no such thing as perfect information security. As such, users of the Services assume the risk of security breaches involving us, our affiliated persons and entities and any third parties which we contract with to perform the Services for our users, and all consequences resulting from them. In furtherance of the foregoing, users must safeguard their credentials.
THE SERVICES ARE PROVIDED “AS IS, AS AVAILABLE.” ARENA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR NONINFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW. ARENA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, COMPLETENESS OF, OR RESULTS TO BE ACHIEVED FROM ARENA OR THE SERVICES. ARENA DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, OR (E) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION AVAILABLE THROUGH THE SERVICES SHALL BE AT YOUR SOLE RISK. ARENA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SERVICES. ARENA MAY MAKE ANY OTHER CHANGES TO THE SERVICES AND THE MATERIALS, PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SERVICES AT ANY TIME WITHOUT NOTICE. THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS TECHNICAL ADVICE OF ANY MANNER.
Limitations of liability EXCEPT WHERE PROBITED BY LAW, ARENA AND ITS SUBSIDIARIES, PARENT CORPORATION AND AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, ATTORNEYS, LICENSORS, REPRESENTATIVES, LICENSEES, AND SUPPLIERS (COLLECTIVELY, THE "ARENA PARTIES"), WILL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTRACT, THE LAW OF TORTS, INCLUDING NEGLIGENCE, OR OTHERWISE) AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN RELATION TO THE CONTENTS OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THE SERVICES:
TO THE EXTENT THAT THE SERVICES OR ANY PORTION THEREOF IS PROVIDED FREE-OF-CHARGE, FOR ANY DIRECT LOSS; FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS; OR FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA.
THESE LIMITATIONS OF LIABILITY APPLY EVEN IF THE ARENA PARTY HAS BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Arena PARTIES’ AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED $50.
BY USING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Exceptions Nothing in this disclaimer or limitation of liability will exclude or limit (a) any warranty implied by law that it would be unlawful to exclude or limit; or (b) Arena’s liability in respect of any:
death or personal injury caused by Arena’s negligence;
fraud or fraudulent misrepresentation on the part of Arena;
or matter which it would be illegal or unlawful for Arena to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness By using the Services, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use the Services.
Other parties You accept that, as a limited liability entity, Arena has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Arena Party in respect of any losses you suffer in connection with the Services.
The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Arena’s control, and Arena is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Links to Other Sites The Services may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Arena’s control, and Arena is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ARENA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
No Class Arbitrations, Class Actions or Representative Actions. Any Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Location. The location of the arbitration shall be in Baltimore, Maryland.
Severability of Dispute Resolution; Arbitration. In the event the provisions in this Dispute Resolution Section are held invalid or unenforceable, then this Dispute Resolution Section, in its entirety, will cease to apply, and the parties will not be obligated to arbitrate any Disputes.
Users Outside of the United States Arena administers and operates the Services from its location in the United States of America. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Contact Us email@example.com | 502 S. Sharp Street, Baltimore, MD 21201