Posted March 27th, 2019
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OVERVIEW

This click-through End-User License Agreement ("Agreement") is between you (either an individual or a single entity referred to in the Agreement as "User", "you", or "your") and Arena Edge, Inc. (referred to in the Agreement as "Arena Edge", "us", "our", or "we"), a corporation having its principal place of business at Three Park Place, 4005 Banister Ln., Austin, TX U.S.A. 78704. Arena Edge is the owner of the Arena Edge platform. The Arena Edge platform includes, but is not limited to, arenaedge.com website and arenaedge.com channels (both freely accessible sections and the sections that require a username and password), Arena Edge multimedia collaboration system, and any downloadable software from Arena Edge. The Agreement contains terms and conditions under which Arena Edge grants User a limited license to use the Arena Edge platform. Read this Agreement carefully. By clicking "I AGREE", User acknowledges that User has read and accepted the terms and conditions of this Agreement in its entirety.

MODIFICATION OF THIS AGREEMENT

Arena Edge reserves the right, at our sole discretion, to modify this Agreement. By continuing to use any part of the Arena Edge platform, both the freely accessible sections and the sections that require authorization, after we have posted notice of these changes to this Agreement constitutes User’s agreement to such changes.

USE OF ARENA EDGE PLATFORM

The contents of the pages of the arenaedge.com website are for informational purposes only and are subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

You acknowledge and agree that Arena Edge owns all legal right, title, and interest in and to Arena Edge, including any intellectual property rights which subsist in Arena Edge whether those rights happen to be registered or not, and wherever in the world those rights may exist.

This Agreement grants User only a limited license to use Arena Edge. This license is fully revocable at any time with or without any notice to User. Except for the limited license granted herein, User does not receive and shall not assert any interest, right, or title in Arena Edge.

You agree that the contents of all oral and written reports to us and any other materials, information, ideas, concepts, and know-how provided by you (including suggestions and corrections to problems in the Arena Edge platform and documentation) become the property of Arena Edge, which you hereby assign to Arena Edge, and may be used by Arena Edge for all business purposes, without any accounting or any payment to you. Under no circumstances will Arena Edge become liable for any payment to you for any information that you provide, whether concerning any part of Arena Edge or otherwise, no matter how such information is used by Arena Edge or anyone else.

You retain all of your ownership rights (including ownership of all intellectual property rights) in any materials you upload or make available using Arena Edge. Arena Edge platform is meant for information sharing and collaboration. By submitting any materials to or making any materials available on the website or through Arena Edge, you hereby grant us a worldwide, non-exclusive, irrevocable, paid-up, royalty-free, non-exclusive license (in all media formats, including media formats that may subsequently evolve or be developed) to use, copy, distribute, prepare derivative works of, display, make available, perform and otherwise exploit such materials in connection with the operation of the website and the Arena Edge platform including, without limitation, for promoting and commercializing the website and/or Arena Edge. You also hereby grant every other user of the website and the Arena Edge platform, the right to use, copy, reproduce, distribute, prepare derivative works of, display and perform materials you have submitted to or made available on the website or the Arena Edge platform for the purpose of viewing such materials as displayed on the website or through the Arena Edge platform. You hereby waive any moral rights you may have in any materials you have uploaded or made available on the website or through the Arena Edge platform in favor of us to the extent necessary to allow such materials to be displayed on the website or made available through the Arena Edge platform as contemplated by this Agreement. The foregoing licenses and waivers shall terminate in respect to an applicable item of material once you remove or delete such material from the website or the Arena Edge platform; provided, however, any previous download or use of such materials prior to removal or deletion shall continue to be permitted.

You agree that you will not reproduce, duplicate, copy, sell, trade or resell any components of the website for any commercial purposes.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the website. You agree to the use of your data in accordance with Arena Edge’s privacy policy.

If you become aware of any unauthorized use of your password or of your account, you agree to immediately inform Arena Edge at the address provided in this document.

AUTHORIZED USE OF CONTENT

All content, including, but not limited to, text, images, audio and videos, unless otherwise explicitly noted, is the property of Arena Edge and its licensors and is protected by U.S. and international copyright and other intellectual property laws. As an end user, you may access, use and make a machine-readable or print copy of this content for your personal or educational use only.

You are not authorized to use material published on the arenaedge.com websites for commercial purposes of any kind without prior written consent from Arena Edge. You agree not to make any use of content not expressly authorized in this Agreement. Additionally, you agree to honor all copyright and other notices included in any arenaedge.com websites’ content you access. Arena Edge forbids the use of automated agents including, without limitation, "agents", "robots", "bots", "scripts", "webcrawlers", or "spiders", to access, monitor, or copy any part of the arenaedge.com websites. Users agree to not use any network sharing or monitoring tools to determine underlying software implementation, proprietary information and data, confidential material, trade secrets, and arenaedge.com websites usage information. Finally, Arena Edge reserves all rights not expressly granted to you in this Agreement. No additional rights are granted by implication whatsoever.

DIGITAL MILLENNIUM COPYRIGHT ACT

Arena Edge never knowingly infringes on a person or organization’s copyright. If you believe that your work has been used or is accessible on Arena Edge website in a way that constitutes copyright infringement, you may notify Arena Edge by providing the following information: (1) an electronic/physical signature of a person authorized to act on behalf of the owner(s) of the copyright material that is allegedly infringed; (2) a description of the copyrighted material that you claim has been infringed upon; (3) information sufficient to allow Arena Edge to contact you, including your full mailing address, telephone number, and electronic mail (email) address; (4) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. Arena Edge reserves the right to remove any material from the Arena Edge platform if it allegedly infringes another person or organizations’ copyright.

Arena Edge is committed to protecting your privacy. This privacy policy applies to all the products, services and websites that comprise Arena Edge. On some portions of the website, you can sign up for services, make requests, and register to receive promotional material. This information may include your name, address, telephone number, academic information and credit cards. Arena Edge does not sell, trade, or rent your personal information to any third party unless we have your consent. We will only use and/or disclose personal information in order to:

1. Understand and meet your product needs and preferences.
2. Develop new services and product offerings.
3. Enhance existing service and product offerings.
4. Manage our day-to-day business and internal operations.
5. Meet legal and regulatory requirements in the jurisdictions in which we operate.
6. Protect someone from the reasonable chance of possible injury or harm.

To be able to serve you, your information may be collected, stored, or processed on our behalf by third-party service providers both inside and outside the United States. As a result, that country’s courts, governments, or law enforcement agencies could obtain disclosure of such information under the country’s laws.

Except where we are required by law to disclose information, we require any person or organization accessing this information on our behalf to agree to comply with our privacy policy. We will take reasonable efforts to ensure that they comply with our privacy policy, however we will not assume liability to you if any person or organization fails to do so. Arena Edge may occasionally update this privacy policy to reflect corporate and customer feedback. Changes may also be made in accordance with privacy legislation in the jurisdictions in which we operate. We encourage you to periodically review this privacy policy.

The Children’s Online Privacy Protection Act (COPPA) stipulates that we must require the permission of a parent before collecting or using information from children under the age of 13. As such, all Arena Edge accounts must be created only after prior consent from a parent is obtained.

If a promotional code is used to sign-up for Arena Edge services, we may let the source of the code, such as a friend or organization, know that you redeemed the code. "Cookies" in this context refers to files that your Internet web browser stores on your computer when you visit a website. We may use cookies to provide us information on how you use our products and services. The cookies we use do not contain any personal information.

Arena Edge welcomes your comments regarding this privacy policy. If you believe we have not adhered to this privacy policy, please contact us at the address provided in this document. We will make reasonable efforts to address any concerns you may have.

Arena Edge’s agent for notice of claims of copyright infringement can be reached by mail at the address provided in this document.

WARRANTY DISCLAIMERS

THE ARENA EDGE WEBSITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, STATUTORY OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THERE IS NO WARRANTY THAT ACCESS TO ARENA EDGE WILL BE ERROR FREE OR UNINTERRUPTED. FURTHER, THERE IS NO WARRANTY THAT THE INFORMATION ON THE ARENAEDGE.COM WEBSITES WILL BE ACCURATE, COMPLETE AND/OR RELIABLE. WE DO NOT PROVIDE ANY WARRANTY THAT THE ARENAEDGE.COM WEBSITES WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL SOFTWARE CODE. ARENA EDGE HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES IN CONNECTION WITH ARENA EDGE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIRD PARTY WEBSITES

Arena Edge, its affiliates, officers, directors, employees and authorized agents also disclaim any responsibility for the accuracy, content, or availability of information found on websites that link to-or-from Arena Edge Websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link users to sites containing information that may be deemed inappropriate or offensive. Arena Edge is not liable in any way for the accuracy, copyright compliance, legality, or decency of material contained in any third-party sites and/or advertisements and you hereby irrevocably waive any legal claim against Arena Edge with respect to such sites or advertisements.

While Arena Edge takes great strides to ensure a satisfactory customer experience, we do not ensure that you will be satisfied with any products or services that you purchase or receive from any third-party site that links to-or-from arenaedge.com websites. Arena Edge does not make any representation or warranty about the security of any information, including, without limitation, credit card and other personal information, you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites.

LIMITATION OF LIABILITY

ARENA EDGE, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO THE USER FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OF DATA, OR ACADEMIC ISSUES ARISING FROM YOUR USE OF OR INABILITY TO USE OR ACCESS THE ARENA EDGE WEBSITES.

IN NO EVENT WILL ARENA EDGE’S TOTAL LIABILITY TO A USER FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE ARENAEDGE.COM WEBSITES EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE MAXIMUM FEES YOU PAID TO ARENA EDGE IN A GIVEN MONTH (WHICHEVER IS LESS). THIS MAXIMUM TOTAL LIABILITY IS REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF ANY CLAIM AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL AND ORIGINAL PURPOSE.

INDEMNITY

YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD HARMLESS ARENA EDGE, ITS AFFILIATES, CONTRACTORS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS FEES, ARISING IN CONNECTION WITH YOUR USE OF THE ARENA EDGE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY VIOLATION BY A USER OF THESE TERMS OF USE, AND INCLUDING IN CONNECTION WITH ANY INFORMATION THAT YOU PROVIDE TO ARENA EDGE ON THE ARENA EDGE PLATFORM.

GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to the Agreement will be filed only in the state or federal courts located in Travis county of State of Texas. The User hereby consents and submits to the personal jurisdiction of such courts for the purposes of any such action.

SEVERABILITY

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severed from this Agreement and such severance will not affect the validity and enforceability of any remaining provisions.

VIOLATION OF THE AGREEMENT

We reserve all remedies available to us for any violation of this Agreement, including but not limited to the right to block access to the arenaedge.com websites from a given Internet address.

COMPLETENESS

This Agreement is the only ones that governs Arena Edge. No otheroral or written terms or conditions apply including warranties and claimsexpressed or implied. No one has the authority from Arena Edge to vary any ofterms and conditions specified in the Agreement. 

If youhave questions about any of the provisions above, please contact us at support@arenaedge.com or you may contact us at: Arena Edge,Inc. | 4005 Banister Ln Suite 150 | Austin, TX 78704.