Arena Strive

ARENA STRIVE TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES (AS DEFINED BELOW) OFFERED BY ARENA LABS, INC. (“US”, “WE”, “OUR” or “ARENA LABS”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEB BASED ARENA LABS SOFTWARE, ARENA STRIVE. ARENA STRIVE’S SERVICES, COACHING SESSIONS, FEATURES, CONTENT, WEBSITES (OR OTHER LINKED PAGES) OR APPLICATIONS OFFERED, FROM TIME TO TIME, BY ARENA LABS IN CONNECTION THEREWITH (COLLECTIVELY, THE “SERVICE(S)”). THESE TERMS COVER IMPORTANT INFORMATION ABOUT SERVICES PROVIDED TO YOU.  THESE TERMS INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS.

“YOU” AND “YOUR” REFER TO THE PERSON ACCESSING OR USING THE SERVICES, OR IF YOU CREATE AN ACCOUNT ON BEHALF OF AN EMPLOYER, COMPANY, ORGANIZATION, OR OTHER ENTITY, THEN (I) ALL REFERENCES TO “YOU” HEREIN INCLUDES YOU AND THAT ENTITY, (II) YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THE ENTITY WITH THE AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, AND (III) YOU AGREE TO THIS AGREEMENT ON THE ENTITY’S BEHALF.

BY ACCESSING AND USING THE SERVICE IN ANY MANNER, you acknowledge that you have read, understood, and agree to be bound by this Agreement and the ARENA LABS Privacy Policy (https://arenalabs.global/privacy-principles) (The “privacy policy”), which is incorporated into this Agreement by this reference. If you do not accept this Agreement and the Privacy Policy, you are not authorized to use the Services.

1. INTRODUCTION

The Services allow you to engage, learn, and grow in high performance medicine provided by ARENA LABS. The Services are provided to you by ARENA LABS, in connection with our partners, service providers, sponsors, or other affiliates. So that we may safely and responsibly manage our web applications for all of our users, your use of the Services is subject to this Agreement and the Privacy Policy. ARENA LABS may modify this Agreement, the Privacy Policy, Content and/or the Services at any time and such modification will be effective upon posting such modifications to the Services. By continuing to access or use the Services after such modification, you are agreeing to be bound by the modified Agreement, Privacy Policy, Content and/or the Services, as applicable.

2. REGISTRATION

In order to use the Membership, you must pay any applicable licensing fees (“License Fees”) when due, and create an account (“Account”). If your license has been purchased for you by an affiliated organization, these fees will be waived. You agree to provide true, accurate and complete information and keep your Account information current and updated. You shall not select or use as a username a name of another person with the intent to impersonate that person or use as a username a name subject to any rights of a person other than you without appropriate authorization. You are solely responsible for any and all activities that occur under your Account or password, and for keeping your Account password confidential and secure. You may never use another person’s account or registration information for the Services without permission. You agree to notify us immediately at [email protected] of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account or password. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.  ARENA LABS will not be liable for any loss or damage arising from your failure to comply with this Section.

3. USE OF THE SERVICES

ARENA LABS software, text, graphics, images, video, audio, data and other material are made available to you through the Services (collectively referred to as the “Content”). If you are under the age of 18, you may not access the site or use the Services.  Subject to this Agreement and your Membership, we grant to you a worldwide, non-exclusive, non-sublicensable and non-transferable limited license to (i) access and use (i.e., to download and display locally) the Content and the software and applications made available through the Services solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right. The Content may be owned by us or may be provided through an arrangement we have with others, including other users of the Services, or our partners, sponsors, or affiliates. The Content is protected by intellectual property rights, including copyright under both United States and other laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. Other than your rights in any User Content (as defined below), you have no rights in or to the Content, and you may not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us or the owner of the Content. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. If you violate any part of this Agreement, your permission to access and/or use the Content and Services automatically terminates and you must immediately destroy any copies you have made of the Content.

Various company, product, and service names displayed on the Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”). Your use of the Services should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Third-Party Trademark displayed on this Services. The Third-Party Trademarks may not be used to disparage any applicable third-party, any of their products or services, or in any manner in which, in our reasonable judgment, may damage any goodwill in the Third-Party Trademarks.

The Services include access to links to, and content and data from, third-party websites (“External Services”). These links, content, and data are provided solely as a convenience to you, are not an endorsement by us of the content on such External Services and may be subject to separate legal terms and conditions between you and third parties. The content of such External Services is developed and provided by others. In addition, the Services permit access to content posted, stored, or displayed at the direction of users of the Services, for which we cannot accept any responsibility or liability.

The Services are for personal use only and may not be used in connection with any commercial endeavors except those that are specifically approved by ARENA LABS. The following activities are expressly prohibited: (i) collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other communications; (ii) any use of the Services, which in our sole judgment, degrades the reliability, speed, or operation of the Services or any underlying hardware or software thereof; (iii) use of web scraping, web harvesting, or web data extraction methods from ARENA LABS even if the Account owner gives permission; and (iv) any use of the Services which is unlawful or in violation of this Agreement.

4. YOUR CONTENT

Arena Labs may enable you to post, upload, store, share, send, or display photos, images, video, data, text, comments, and other information and content (“Your Content”) to and via the Service. You retain all rights to Your Content that you post to the Service. By making Your Content available on or through the Service you hereby grant to Arena Labs a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, reproduce, translate, create derivative works from, and distribute Your Content, in whole or in part, including your name and likeness, in any media. The rights you grant us in this Section are only for the limited purpose of offering and improving the Service. Arena Labs may collect, use and disclose aggregate non personally identifiable data derived from the use of our Services, for industry analysis, benchmarking, analytics, marketing, and other business purposes.

You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms.

You represent and warrant that Your Content, the use and provision of Your Content on the Service, and your use of the Service will not (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading, or deceptive; (d) be defamatory, obscene, pornographic, vulgar, or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.

You further agree not to (1) upload any content that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (2) use or attempt to use another user’s account without authorization, or impersonate any person or entity; (3) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (4) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (5) use the Service in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our users to any harm or liability of any type.

Arena Labs may, in its sole discretion, alter, remove, or refuse to display any of Your Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying Your Content to and via the Service.

5. COACHING SESSIONS

Arena Labs Coach will respect and adhere to the below confidentiality guidelines and will  only share personal information about the coaching participant or the coaching content in the following circumstances: (i) The coaching participant has authorized disclosure, in writing. (ii) The coaching participant has disclosed information that the coach believes indicates misconduct (such as, but not limited to, fraud, sexual harassment, or illegal activity). (iii) There is a threat to life or safety. (iv) As ordered by a court of law.

Client understands that ARENA LABS HIGH PERFORMANCE MEDICINE coaching is: (i) Is an action-oriented, discovery method to propel development. (ii) Is not therapy, psychological counseling, or social work, (iii) Does not constitute medical, legal, financial, or business advice, (iv) May address personal issues or life conditions that impact professional effectiveness, but that it is exclusively Client’s responsibility to decide how to incorporate coaching into these areas.

6. NO MEDICAL ADVICE

ARENA STRIVE is not intended to diagnose, treat, cure, or prevent any disease or health condition. It does not have FDA or medCE approval.

ARENA STRIVE should be used by healthy clinicians in a stable environment and is only meant to inform you about your overall well being. No medical advice can be concluded from the measured quantitative and qualitative data, and it cannot replace the services of health care professionals. In the event of feelings of a compromised mental well-being, please consult your doctor or respective healthcare organization’s mental health support services. Never disregard professional medical advice or delay in seeking it because of the recommendations by ARENA STRIVE.

We are not responsible for any decisions, and potential subsequent incidents, you or someone that takes care of you might make, based on the recommendations of ARENA STRIVE.

All content found on the https://strive.arenalabs.global or https://arenalabs.global Websites, including: text, images, audio, or other formats were created for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of a qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately. ARENA STRIVE does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on ARENA STRIVE. Reliance on any information provided by ARENA STRIVE, ARENA LABS employees, contracted writers, or medical professionals presenting content for publication to ARENA LABS is solely at your own risk.

Links to educational content not created by ARENA LABS are taken at your own risk. ARENA LABS is not responsible for the claims of external websites and education companies.

7. INDEMNITY

You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, officers, agents, suppliers, employees, partners and licensors  harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (i) your breach of this Agreement, (ii) your uploading of, access to, connection to, or use or misuse of the Content or the Services, or (iii) your violation of law. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ARENA STRIVE, THE SERVICES AND/OR THE CONTENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, IN EXCESS OF ONE HUNDRED DOLLARS, EVEN IF A WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

IF YOU ARE A USER FROM NEW JERSEY, SECTION 6 LIMITATION OF LIABILITY IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY.  IF ANY PROVISION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PROVISION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PROVISIONS OF THE APPLICABLE SECTIONS.

9. CHANGES TO SERVICES

The Services may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services, but this is not always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to if someone alleges you contributed Content or User Content in violation of this Agreement), in our sole discretion, and without notice.

10. GENERAL

a.  Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. This Agreement will inure to the benefit of our successors and permitted assigns.

b.  Governing Law; Venue. This Agreement are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of law provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the City of Nashville in the State of Tennessee.

c.  Severability. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

d.  Non-Waiver. Failure by us to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

e.  Entire Agreement. Except as expressly agreed by us and you, this Agreement, the Privacy Policy and any other terms presented to you on or before you create your Account and pay License Fees constitute the entire agreement between you and us with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

f.  Headings. The section headings are provided merely for convenience and shall not be given any legal import.

g.  Survival. All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled Indemnity, and Limitation of Liability, and General.

11. COPYRIGHT POLICY

We respect the intellectual property rights of others and expect our users to do the same.

It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others.

If you are a copyright owner, or are authorized to act on behalf of one, and you believe materials on Arena’s website or activities on its services infringe your rights in your copyright-protected work, please send us an appropriate notification of claimed copyright infringement that complies with 17 U.S.C. § 512 to our Copyright Agent at: 

Attn: Steve Cagnetta 910 Woodmont Blvd. Nashville, TN 37204.

For more information, the U.S. Copyright Office website at http://www.copyright.gov.

Before submitting a notice of claimed copyright infringement, please note that doing so can have serious legal consequences. Be sure to consider whether the “fair use” doctrine or another similar limitation of copyright rights applies in your circumstances.

12. Disclaimer of Warranties

ARENA LABS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. ARENA LABS DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. ARENA LABS DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACKUP AND SECURITY.

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