Last Updated: May 9, 2023
Welcome to Arena of Life LLC (“Arena of Life”), our website is located at http://www.arenaoflife.com/ (the “Site”) and our self-awareness, personal development and creative tools are accessible via our Site and our mobile device application (“App”). To make these General Terms of Service (“Terms”) easier to read, the Site, our services and App are collectively called the “Services.” Our Services include 2 subscription models i.e., the standard membership subscription (with 2 Arena options available at different price points), the ArenaPro Subscription for Professionals and ArenaPro Member licenses (more fully described below). Please read these Terms carefully as they govern your use of our Services.
2. AGREEMENT TO TERMS
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, kindly refrain from making use of our Services.
4. CHANGES TO TERMS OF SERVICES
We may update the Terms at any time, in our sole discretion. Should we do so, we will let you know either by posting the modified Terms on the Site, by a notification when using the Site and/or App, or through other relevant means of communications. It is important that you review the Terms when they have been updated and should you continue to make use of our Services after we have posted updated Terms on the Site, you are agreeing to the updated Terms. If you do not agree to be bound by the updated Terms, you should refrain from continuing to use the Services. Due to the ever-evolving nature of our Services, we may amend or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. Should Arena of Life decide to discontinue the Services, the discontinuation will be implemented once all existing memberships have come to an end.
DISPUTE RESOLUTION PROCEDURE
All dispute resolution processes will be held in the State of California, at a location/venue as determined by Arena of Life.
4.2. Dispute letter
Should you have a dispute with Arena of Life, you are to address a written letter setting out the dispute (“the dispute letter”). A representative of Arena of Life shall revert to you with a response within 30 days from receipt of your dispute letter (“the response letter”). Should the dispute not be resolved to the satisfaction of both parties within 30 days of receipt of the response letter, the dispute shall be referred to conciliation for resolution.
An independent conciliator shall be appointed to assist the parties in understanding the dispute and the goals of each party and suggest possible solutions. Should the parties still fail to resolve the matter, then the dispute shall be referred to mediation for resolution.
Should conciliation not be successful in resolving the dispute, the dispute shall be referred to mediation. An independent mediator shall be appointed. Should the parties not be able to reach settlement of the dispute during the mediation process, then the dispute shall be referred to arbitration.
Should mediation not be successful in resolving the dispute, the dispute shall be referred to arbitration. An independent arbitrator shall be appointed to oversee the arbitration process and the arbitrator shall furnish the parties with a legally binding order at the end of the arbitration process.
5. ARBITRATION PROCEDURE
5.1. Governing Law
These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law’s provisions.
5.2. Agreement to Arbitrate
Should you and Arena of Life not be able to first resolve any dispute via conciliation and/or mediations as set out above, then in that event you and Arena of Life agree that the dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, “Disputes”) will be settled by binding arbitration.
5.3. Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. The arbitration process shall be governed by the applicable AAA rules standing at the time of the dispute.
Notwithstanding the provisions of the “Modification” section above, if Arena of Life changes this “Dispute Resolution” section or the “Dispute Resolution Procedure” section (as set out above) after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (by email to email@example.com or by post to our address as listed below) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Arena of Life’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Arena of Life in accordance with the provisions of this “Dispute Resolution” section and the “Dispute Resolution Procedure” section (as set out above) as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
6. WHO MAY USE THE SERVICES
6.1.1. Standard Subscription
You will have 2 options under the Standard subscription model i.e., a Standard subscription with access to 1 Arena or a Standard subscription with access to the 6 Arena Premium version subscription. Pricing will differ depending on which Standard subscription model you choose to purchase. All individuals subscribing to this membership will be referred to as a “Member”.
An Arena of Life account can be created by a Member who is 13 years and older by downloading the Arena of Life app on their device via their applicable app store and following the prompts to create an account. Once an account is successfully created and the Member chooses their subscription model, the Member will be able to create specific Arena/s in order to track their set goals. All personal information shared when using this Service will be shared consensually with Arena of Life and we undertake not to disclose this information to any third party without your consent.
6.1.2. ArenaPro Subscription
Individuals who are 18 years and older will furthermore have the option of purchasing access to the ArenaPro Subscription. This subscription type is purchased by Professionals (i.e., trainers, coaches, mentors, supervisors, managers, business owners or directors etc.) (“Professional”). When an ArenaPro subscription is purchased, and the ArenaPro Terms (amongst other consent policies) (https://arenaoflife.com/pro/arenapro_terms) are agreed to, the Professional is granted access to the ArenaPro site hosted on the following web address: www.arenaoflifepro.com. The Professional may then purchase licenses to allow their invited member/s (i.e., trainee, mentee, employee etc.) (“ArenaPro Member”) to share their Arenas with them via the ArenaPro site. Unused ArenaPro licenses purchased by the Professional will carry over to the next subscription period if the Professional renews their ArenaPro subscription. In the event that the Professional does not renew their ArenaPro subscription upon expiry of the 12-month subscription term, then all unused licenses will be forfeited.
The ArenaPro subscription is utilized by Professionals who can create customizable templates for their ArenaPro Members to use. Professionals can also keep track of the progress of their invited ArenaPro Member/s once they have: (1) Downloaded the Arena of Life app from their app store; (2) Successfully created an Arena of Life profile; (3) accepted the invite to Share their Arenas using the code provided and (4) given their consent to share the contents of their Arenas with the Professional.
6.1.3. ArenaPro Membership
An ArenaPro Membership, (available to persons ages 13 and older, alternatively to persons who have reached the age of consent and who have legal capacity to conclude contracts within their state/country), which is created by the Professional for an ArenaPro Member and provided to a ArenaPro Member via an invitation.
By consenting to Share their Arenas, the ArenaPro Member (and a parental guardian in the case of minors) acknowledges, understands and consents to their personal information being shared with the Professional (as the two accounts are linked).
The Professional may only request information from their ArenaPro Members which aligns to the services which the Professional has agreed to provide to the ArenaPro Member.
The ArenaPro Member is advised and cautioned not to divulge any personal information to the Professional which falls outside the scope of services offered by the Professional.
Should the ArenaPro Member feel that the Professional is acting in bad faith and/or requesting personal and/or sensitive personal information from a ArenaPro Member which goes beyond the Professional’s advertised scope of services, we urge the ArenaPro Member to refrain from providing the requested information to the Professional and to report the Professional to Arena of Life by sending an email to firstname.lastname@example.org.
6.2. Registration and Your Information
Should you wish to use certain features of the Services, you will be required to create an account (“Account”) on the Site and/or App. It is important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up to date. Should you fail to keep your Account information up to date and/or provide accurate information in the creation of your account, we reserve the right to suspend or terminate your Account. You agree further that you will not disclose your Account password to anyone, and you will notify us immediately of any unauthorized use of your Account. You shall be held responsible for all activities that occur under your Account, whether or not you know about them.
7. USING THE SERVICES
Via the Services, users can create customized Arenas for personal development purposes. You will be able to purchase upgraded functionality of the Services which will enable you to utilize the enhanced functionality of the Services. You will also be able to purchase items that are offered for sale through the Services (“the Products”), as described in further detail under the section titled “Purchases” below.
You understand and agree that the information relating to the Services, Products and any other information you learn from Arena of Life are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care. Arena of Life does not warrant the success of any goals/Arenas or otherwise as inputted by the Member or ArenaPro Member on the Services. The success of such shall be entirely dependent on the Member and/or ArenaPro Member. Activities described on the Services, Site, App or Products are not suitable for everyone. You are responsible for determining whether the Services provided is suitable for your usage. Do not use the Services, Site and/or App while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You understand and agree that you are solely responsible for your use of the Services, Site, App and Products.
8.1. Arena of Life offers certain enhanced features of the Services which you may purchase as a monthly or annual subscription (“Subscription”). A description of features associated with Subscriptions is available via the Site and/or App. When you purchase a Subscription or a Product (“Transaction”), we may ask you to provide us with additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery purposes (“Payment Information”). Such billing information is required by the third party through which payment is made and the billing information is not stored with Arena of Life but rather with the third-party payment service. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order. If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third party service providers in order for us to be able to complete your Transaction and you agree (a) to pay the applicable fees and any taxes; (b) that Arena of Life may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (examples being the Apple App Store, Google Play, or the Amazon Appstore) where the App is made available ( “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You will receive a confirmation message after we confirm the payment for your order. Your order is not binding on Arena of Life until accepted and confirmed by Arena of Life. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.
8.2. All Standard subscription models may be purchased through your applicable app store. The Standard subscriptions may be purchased as an annual subscription, or as a monthly subscription, where payment for the subscription is paid upfront at the beginning of the subscription period and will continue on an annual or month-to-month basis until you cancel your subscription (which cancellation is also done through your app provider).
8.3. The ArenaPro subscription is offered on an annual basis (i.e., a 12-month subscription period) and is available for purchase by individuals 18 and older.
8.4. ArenaPro licenses are purchased by a Professional. They are purchased on an annual basis (i.e., payment is required upfront from the Professional for a 12-month period for each license purchased). Should the Professional elect to cancel its ArenaPro account prior to the expiration of the 12-month subscription period, all linked ArenaPro Member accounts shall also be cancelled.
8.5. Should you have any concerns or objections regarding charges, you agree to raise them with us prior to initiating a Transaction and you furthermore agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Arena of Life.
8.6. Arena of Life reserves the right to refuse to process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Arena of Life deems appropriate, in its sole discretion. Arena of Life furthermore reserves the right, in its sole discretion, to take steps to verify your identity in connection with your Transaction. You may be required to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Arena of Life will not charge you or refund the charges for Transactions where we do not process or cancel.
9. TITLE, RISK OF LOSS
The risk of loss and title for Products purchased by you pass from Arena of Life to you on shipment (where applicable) from Arena of Life’s facility, and will be governed by Arena of Life’s standard Shipping Terms at the time.
10. RETURN POLICY
If for any reason, you are not satisfied with the Product you have purchased and you wish to return the Product, please refer to our Return Policy for information on how you may return eligible Products. View the Member refund policy here. View the ArenaPro Refund policy here.
11. SUBSCRIPTIONS INFORMATION
11.1. All amounts are payable and charged monthly or as an annual subscription, at the beginning of the subscription period (refer to section 8 above).
11.2. Should you not cancel your subscription prior to the initial period expiring, then your subscription will automatically renew for subsequent periods of the same length as the initial period until you cancel your subscription.
11.3. You must cancel your monthly or annual Subscription prior to it coming up for renewal to avoid the billing for a further subscription period following expiration of the initial subscription period.
11.4. Cancellation process:
11.4.1. Standard Subscription: Should the Member decide to cancel their subscription, cancellation must be done through the intermediary used to install and purchase the app (i.e., Google Play Store, Apple store are some examples). Please note that should you cancel your membership prior to the end of a paid for year (“the cancellation year”) or paid for month (“the cancellation month”), the Member will still have paid access to the app until the end of the cancellation year or cancellation month (whichever is applicable). Once the Member has cancelled their subscription with such third party, the Member shall continue to have access to their account for a further 7-day period within which the member may save all its personal information contained in the Arena of Life App. Following the expiry of the 7-day period the app features and content will no longer be accessible until a future subscription is purchased. Furthermore, after the expiration of the 7-day period (either due to the cancellation of the Member’s account or the non-renewal of the Member’s account), Arena of Life will retain the data linked to the Member’s account for 60 days and thereafter, all data linked to the Member’s account will be deleted from Arena of Life’s database/s. If a Member want to delete their account after cancelling their subscription, they may du so using the delete button on their profile page.
11.4.2. ArenaPro Subscription: should the Professional wish to cancel their ArenaPro Subscription with Arena of Life, the Professional will need to cancel their account from the site profile (https://arenaoflifepro.com/) and thereafter send an email to Arena of Life at email@example.com to request that all data attached to the ArenaPro and linked ArenaPro Member account/s be deleted from Arena of Life’s database. The Professional’s access to ArenaPro will continue until the end of the cancellation year. Thereafter, the Professional will be granted the 14-day grace period in which it will retain access to the ArenaPro and can save any data contained therein should it wish to do so. Once the 14-day grace period has expired, the Professional will lose access to the ArenaPro account. No unused licenses purchased will be refunded to the Professional should they terminate their subscription. Following the expiration of the 14-day grace period (either due to the cancellation of the Professionals account or the non-renewal of the Professional account), Arena of Life will retain the data linked to the Professional’s account for 60 days and thereafter, all data linked to the Professionals account will be deleted from Arena of Life’s database/s.
11.4.3. ArenaPro Membership: The ArenaPro Member may, at any time, terminate their linked account by de-activating the unique invitation code which they used to Share their Arenas. Once the invitation code is de-activated through their App profile, the ArenaPro Member’s account will immediately be de-linked from the Professional’s ArenaPro account. This means that the ArenaPro Member will immediately cease sharing its personal information with the Professional and the Professional will lose the right to access the ArenaPro Member’s personal information. Thereafter, the ArenaPro Member’s account will remain active for a 14-day period wherein the ArenaPro Member may save its personal information as contained on its profile. Once the 14-day period has expired, the ArenaPro Member’s information within the app that is connected to the Professional and its templates will be deleted. Any non-connected information within the app added by the Member will be retained on Arena of Life’s database for a further 60 days, and thereafter all information related to the ArenaPro Member’s account will be deleted from the Arena of Life database/s.
In the event that the ArenaPro Member is 13-17 years old (“the minor”), the Company has implemented certain additional cancellation measures whereby the parental guardian is able to cancel the ArenaPro Member account directly with the Professional (via the original invitation email and link provided therein). Once the account has been terminated, the ArenaPro Member may send an email to firstname.lastname@example.org and an email to the Professional and request that their personal information be deleted. Should the ArenaPro Member fail to request the deletion of its data, Arena of Life will retain the data for a 60-day period and thereafter all data relating to the ArenaPro Member will be deleted from Arena of Life’s database.
If a Professional cancels an ArenaPro Member’s account prior to the expiration of the license period, the ArenaPro Member will be notified of the cancellation and the effect of the change. The effect will be the deletion of any connected Templates and/or Arenas provided by the Professional, and any content or information shared and associated with those connected Arenas in 14 days. To provide the ArenaPro Member with adequate time to adjust to the effect of the change, they will be given (and notified of) a free 14-day extension period in which they will receive continued access to the contents of their subscription data and may save such data. During this time, the Professional will not have access to any data that the ArenaPro Member has inputted as the cancelation will de-activate and disconnect the account and any associated Templates and/or Arenas in the ArenaPro account.
Upon expiration of the 14-day grace period, or when the ArenaPro Member changes their account type, whichever comes first, the ArenaPro Member will lose access to any content or information associated with the previously connected Template and/or Arenas.
11.5. Please note that upon your request to terminate your account, we will deactivate your account information (after the expiration of the 14-day grace period) from our active databases however, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our legal terms and/or comply with the applicable legal requirements. Should you wish that your personal information be deleted from Arena of Life’s database, do so via your profile or you may send an email to email@example.com and request the deletion of all data related to your account. Should you fail to request the deletion of its data, Arena of Life will retain the data for a 60-day period and thereafter all data relating to the Member’s membership will be deleted from Arena of Life’s database.
11.6. Professionals will be entitled to a refund where they have purchased an annual ArenaPro Subscription (either together with additional annual licenses or not) and notify Arena of Life within 7 days of purchasing such subscription that they wish to cancel the subscription. In this event, Arena of Life shall charge the Professional a pro-rata fee for use of the ArenaPro site for the days within which you had access to the ArenaPro site and refund you the remaining fee within 5 days.
Should the Professional attempt to cancel the annual ArenaPro Subscription or paid for licensed account/s after 7 days have lapsed from commencement of the Subscription, the Professional shall not be entitled to a refund, and the Professional will continue to have access to the ArenaPro and licensed accounts until the end of the ArenaPro Subscription period.
12. CHANGES TO PRICING FOR SUBSCRIPTIONS
Arena of Life reserves the right to amend its pricing terms for Subscriptions at any time and Arena of Life will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Arena of Life’s pricing terms, then you may choose not to renew your Subscription in accordance with the section “Subscriptions Information”.
13. FUTURE FUNCTIONALITY
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Arena of Life regarding future functionality or features.
We welcome feedback, comments and suggestions for improvements to the Services or Products (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. By submitting such feedback, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
15. CONTENT AND CONTENT RIGHTS
15.1. For purposes of these Terms:
15.1.1. “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and
15.1.2. “User Content” means any Content that users (including you) provide to be made available through the Services. Content includes without limitation User Content.
15.2. Content Ownership
Arena of Life does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Arena of Life and its licensors exclusively own all rights, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
15.3. Rights in Content Granted by Arena of Life
Subject to your compliance with these Terms, Arena of Life grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
16. RIGHTS AND TERMS FOR APPS
16.1. Rights in App Granted by Arena of Life
Subject to your agreement and compliance with these Terms, Arena of Life grants you a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes. Arena of Life reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not:
16.1.1. copy, modify or create derivative works based on the App;
16.1.2. distribute, transfer, sublicense, lease, lend or rent the App to any third party;
16.1.3. reverse engineer, decompile or disassemble the App; and/or
16.1.4. make the functionality of the App available to multiple users through any means.
16.2. Additional Terms for App Store Apps
16.2.1. If you accessed or downloaded the App from the Apple Store, then you agree to use the App only:
184.108.40.206. on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and
220.127.116.11. as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
16.2.2. If you accessed or downloaded the App from an App Provider, then you acknowledge and agree that:
18.104.22.168. these Terms are concluded between you and Arena of Life, and not with App Provider, and that, as between Arena of Life and the App Provider, Arena of Life, is solely responsible for the App; and
22.214.171.124. the App Provider has no obligation to furnish any maintenance and support services with respect to the App.
16.2.3. The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
16.2.4. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Arena of Life will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
16.2.5. The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
16.2.6. You are also required to comply with all applicable third-party terms of service when using the App.
16.2.7. You agree to comply with all U.S. and foreign export laws and regulations (to the extent that it is applicable to you) to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App you represent and warrant that insofar as it is applicable to you:
126.96.36.199. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
188.8.131.52. you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree not to do any of the following:
17.1. Post, upload, publish, submit or transmit any Content that:
17.1.1. infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
17.1.2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
17.1.3. is fraudulent, false, misleading or deceptive;
17.1.4. is defamatory, obscene, pornographic, vulgar or offensive;
17.1.5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
17.1.6. is violent or threatening or promotes violence or actions that are threatening to any person or entity; and/or
17.1.7. promotes illegal or harmful activities or substances.
17.2. Use, display, mirror or frame the Services, or any individual element within the Services, Arena of Life’s name and or Brand, any of Arena of Life trademark/s, logo/s or other proprietary information, or the layout and design of any page or form contained on a page, without Arena of Life’s written consent;
17.3. Access, tamper with, or use non-public areas of the Services, Arena of Life’s computer systems, or the technical delivery systems of Arena of Life’s providers;
17.4. Attempt to probe, scan, or test the vulnerability of any Arena of Life system or network or breach any security or authentication measures;
17.5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Arena of Life or any of Arena of Life’s providers or any other third party (including another user) to protect the Services;
17.6. Attempt to access or search the Services or download Collective Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Arena of Life or other generally available third-party web browsers;
17.7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
17.8. Use any meta tags or other hidden text or metadata utilizing an Arena of Life trademark, logo URL or product name without Arena of Life’s written consent;
17.9. Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
17.10. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
17.11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
17.12. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
17.13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
17.14. Impersonate or misrepresent your affiliation with any person or entity;
17.15. Violate any applicable law or regulation; or
17.16. Encourage or enable any other individual to do any of the foregoing.
18. MONITORING OF SERVICES
Although we are not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to compliance with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
19. LINKS TO THIRD PARTY WEBSITES OR RESOURCES
The Services, Site and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you should you be in breach of these Terms. You may cancel your Account at any time by following the process set out above (refer to section 11.4). Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
21. WARRANTY DISCLAIMERS
21.1. The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, or non-infringement and any warranties arising out of course of dealing or usage of trade.
21.2. We make no warranty or guarantee that a Member and/or ArenaPro Member will successfully achieve its Arena goals by using the subscription services. We merely provide the platform for Members, Professionals and ArenaPro Members. The success of any Arena/s is entirely dependent on the Member, ArenaPro Member and/or Professional.
21.3. Arena of Life is not a party to or liable (in any manner or form) for any dispute arising from the contractual agreement between a Professional and its ArenaPro Member/s.
21.4. We make no warranty that the Services or Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
21.5. As the Services will be offered in various countries/states, Arena of Life has used their best endeavors to ensure compliance with the relevant legal requirements for use of their Services. However, the responsibility vests with the user of our Services to ensure that they use the Service in compliance with the relevant legal requirements of their country/State.
21.6. Should the use of the Services in any way contradict any legal requirement of your country/State, please refrain from using the Services.
21.7. Arena of Life will not be held responsible for the use of their Services by any individual who uses the Services in contradiction to the relevant legal requirements of their country/State.
You will indemnify and hold harmless Arena of Life and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
22.1. your access to or use of the Services or Content; and/or
22.2. your violation of these Terms.
23. LIMITATION OF LIABILITY
23.1. Neither Arena of Life nor any other party involved in creating, producing, or delivering the Services, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services or Products arising out of or in connection with these terms or from the use of or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Arena of Life has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
23.2. In no circumstances will Arena of Life’s total liability arising out of or in connection with the terms or from the use of or inability to use the Services, Products or Content exceed the amounts you have paid to Arena of Life for use of the Services, Products or Content or $50 if you have not had any payment obligations to Arena of Life, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the contractual term between Arena of Life and you.
24. GENERAL TERM
24.1. These Terms constitute the entire and exclusive understanding and agreement between Arena of Life and you regarding the Services, Products and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Arena of Life and you regarding the Services, Products and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, then that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
24.2. You may not assign or transfer these Terms, by operation of law or otherwise, without Arena of Life’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be void and of no effect. Arena of Life may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
24.3. Any notices or other communications provided by Arena of Life under these Terms, including those regarding modifications to these Terms, will be given:
24.3.1. by Arena of Life via email; and/or
24.3.2. by posting to the Services.
For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
24.4. Arena of Life’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Arena of Life. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
25. CONTACT INFORMATION
If you have any questions about these Terms or the Services or Products, please contact Arena of Life at email@example.com.