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.

Introduction These terms of use govern your use of the websites and applications operated by Arena Analytics Inc. (“Arena”) and the services Arena offers through them, including its Software-as-a-Service application (collectively, the “Services”); by using the Services, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use the Services.

Arena’s websites use cookies. By using the Services, which use signifies your agreement to these terms of use, you consent to our use of cookies and the other policies described in Arena’s Privacy Policy which is incorporated herein by this reference.

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 may view, download for caching purposes only, and print pages from the Services for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

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.

User Submissions, Feedback and Information You acknowledge and agree that any submission, feedback, comments or suggestions you may provide regarding the Services either directly or indirectly (for example, through the use on a third-party social media site of a company-designated hashtag) (collectively, “Submissions”) is non-confidential and non-proprietary, shall be treated as public information, may be shared with others on other sites and platforms and is submitted by you in compliance with these terms of use. Submissions that constitute feedback, comments or suggestions will be the sole and exclusive property of Arena and you hereby irrevocably assign to us all of your right, title and interest in and to all such Submissions, and Arena shall have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such Submissions in any manner it chooses. With respect to all other Submissions, you hereby grant Arena an irrevocable, worldwide and perpetual license to use such Submissions as contemplated in these terms of use. Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Arena.

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 legal@arena.io 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.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in these terms of use will protect Arena’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Arena.

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.

Indemnity You hereby indemnify the Arena Parties and undertake to keep the Arena Parties indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Arena to a third party in settlement of a claim or dispute on the advice of Arena’s legal advisers) incurred or suffered by Arena arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of these terms of use Without prejudice to Arena’s other rights under these terms of use, if you breach these terms of use in any way, Arena may take such action as Arena deems appropriate to deal with the breach, including suspending your access to the Services, prohibiting you from accessing the Services, blocking devices using your IP address from accessing the Services, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you.

You also agree that any violation by you of these terms of use will cause irreparable harm to Arena for which monetary damages would be inadequate, and you consent to Arena obtaining any injunctive or equitable relief that Arena deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Arena may have at law or in equity.

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.

We operate social media pages on third party networks and have social media icons on our website. Social media providers are unaffiliated with us, and we are not responsible for the content or privacy practices of social media providers. Social media providers have their own terms of use and privacy policies, and we encourage you to review those policies whenever you visit their websites or interact with their platforms.

Amendments to these terms of use Arena may revise these terms of use from time-to-time in its sole discretion. Please check this page regularly to ensure you are familiar with the current version. Your continued use of the Services following the posting of changes indicates your agreement to and acceptance of the changes. The date of the last update of the terms of use is indicated at the top of these terms of use.

Assignment Arena may transfer, sub-contract or otherwise deal with Arena’s rights and/or obligations under these terms of use without notifying you or obtaining your consent.

Severability If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement These terms of use, together with Arena’s Privacy Policy, constitute the entire agreement between you and Arena in relation to your use of the Services, and supersede all previous agreements in respect of your use of the Services.

Waiver Arena’s failure to insist on or enforce strict performance of these terms of use shall not be deemed a waiver by Arena of any provision or any right it has to enforce these terms of use. Any such waiver must be in writing in order to be effective.

Relationship of the Parties The parties are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and Arena as a result of these terms of use or use of the Services.

Governing law

Irrespective of the situs of any user, you agree that all matters relating to your access to or use of the Services, including any disputes relating to these terms of use shall be governed by the laws of the United States and by the laws of the State of Maryland excluding: (1) its conflicts of law principles; and (2) the United Nations Convention on Contracts for the International Sale of Goods.

Dispute resolution

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.

Binding Arbitration. You agree that to the fullest extent permitted by law all disputes, claims, suits, or controversies arising out of or in any way connected with these terms of use and the use of the Services (collectively, “Disputes”), shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by these terms of use. There shall be one (or if either party so requests, then by a panel of three arbitrators) appointed in accordance with the Rules, and you waive your rights to have any and all Disputes resolved in a court; provided, however, that this agreement to arbitrate does not extend to Disputes in which either party seeks (i) injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, (ii) the right to pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, or (iii) injunctive relief in a U.S. court of law. The language of the arbitration shall be English. The arbitration proceedings and decision of the arbitrator(s) shall be kept confidential (and may not be disclosed) by the parties or the arbitrator(s), except to the extent necessary to compel any award made by the arbitrator(s).

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.

Authority of Arbitrator(s). As limited by the AAA Rules and these terms of use, the arbitrator(s) will have (i) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (ii) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator(s) do not have the authority to conduct a class arbitration or a representative action, which is prohibited by these terms of use, or to award punitive damages or any other damages that are not compensatory. The arbitrator(s) may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

Jurisdiction. To the extent that any lawsuit or court proceeding is permitted under these terms of use, to the fullest extent permitted by law you agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located in Baltimore, Maryland for the purpose of litigating all such disputes. You also waive your rights to a jury trial.

Time Limit for Claims. Any claim under these terms of use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. You agree to the admissibility of computer records and electronic evidence in any dispute herein.

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.

Written Document You may preserve these terms of use and the Arena Privacy Policy in written form by printing them for your records, and you waive any other requirement that they be evidenced by a written document.

Canada The parties declare that they have required that these terms of use and all documents related hereto, either present or future, be drawn up in the English language only. Les parties déclarent par les présentes qu’elles exigent que cette entente et tous les documents y afferents, soit pour le present ou le future, soient rédigés en langue anglaise seulement.

Contact Us legal@arena.io | 502 S. Sharp Street, Baltimore, MD 21201

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