Terms of Use

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 the privacy policies of Arena, which privacy policies are 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 the Services

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.

Notice of Infringement

Anyone believing that any material displayed through the Services is infringing their copyright interest or otherwise violating any of their rights should provide written notice to us describing in detail the basis for their concern and their legal interest in the material at issue as follows: legal@arena.io. Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.

Acceptable use

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.

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

Arena will not be liable to you (whether under the law of contract, the law of torts or otherwise) 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 Arena has been expressly advised of the potential loss.

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’s officers or employees 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 Arena and undertake to keep Arena 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.

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.

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 policies, 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.

Law and jurisdiction

Irrespective of the situs of any user, any disputes relating to these terms of use shall be resolved through arbitration in accordance with Maryland law in Baltimore, Maryland. No class action may be pursued or maintained with respect to any dispute regarding these terms of use, our privacy policies or any aspect of the Application and our services.

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 privacy policies 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.
Effective: September 15, 2017

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