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Terms & Conditions

Important- read carefully prior to using ArenPro’s services and/or software. These terms constitute a legal agreement between you and ArenPro, LLC. (“ArenPro”). By accessing and otherwise using any portion of the services or software, you agree to be bound by these terms. If you do not agree to these terms, do not create a user account, and do not access or use the services or software. You agree that your access and/or use of the services and software represents your acknowledgment that you have read these terms, understand them, and agree to be bound by their terms.

These General Services and Software Terms of Use (the “Terms”) are a binding agreement between you and ArenPro and govern your use of ArenPro’s websites, support services, training and consultant services, and cloud services (collectively the “Services”) and any software applications provided to you by ArenPro, whether provided as part of the Services or that we make available for download from our websites (collectively the “Software”), and any other content or other materials that ArenPro makes available to you or that you may otherwise receive from ArenPro. If you have entered into another agreement with ArenPro concerning specific Services or Software, then the terms of that agreement control to the extent they conflict with these Terms. Should you proceed to use the Services or Software, it will amount to your consent to these Terms. If you do not agree with these Terms, you must stop using the Software and Services.

Licensed Not Sold

You acknowledge and agree that the Services and Software are the property of ArenPro or its licensors and are licensed, not sold to you. All references in these Terms to “sale”, “selling” or “purchase” of the Services and/or Software means the sale and/or purchase of a license to use the Services and/or Software only as licensed.

Intellectual Property Notice and Reservation of Rights

Nothing in the Terms, nor your use of the Services or Software, shall constitute a sale or transfer of any copyright, trademark, trade dress, moral right, patent (whether pending or issued), trade secret, or any other intellectual property right anywhere in the world (collectively the “Intellectual Property Rights”). All right, titles, and interests in and to the Services and Software, including, without limitation, all Intellectual Property Rights therein, are owned and retained by ArenPro.

All rights not expressly granted by ArenPro are hereby reserved. All Services, Software, and related materials, including, without limitation, ArenPro, logos, trademarks, designs, text, graphics, data, literature, information, other files, and the selection and arrangement thereof are the property of ArenPro and its affiliates or licensors and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the Software or Services without our prior written consent. The ArenPro name, ArenPro logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ArenPro or its affiliates or licensors. You must not use such marks without the prior written permission of ArenPro. Any other names, logos, product and service names, designs, and slogans on the Software and Services are the trademarks of their respective owners. Under no circumstances will you acquire any ownership rights or other interest in any such marks or content on this Software or Services by or through your use of the Software or Services.

Warranties and Disclaimers

You expressly acknowledge and agree that the use of the software and services is at your sole risk and the entire risk as to the satisfactory quality, performance, accuracy, and effort are with you. Other than as expressly set forth in these terms, neither ArenPro nor its suppliers, licensors, or vendors make any promises or warranties related to the services or software. The services and software are provided “as are” and “as available” without warranty of any kind whatsoever and your use of the services and/or software is at your own risk. ArenPro disclaims all warranties, express or implied, including but not limited to warranties related to availability, accuracy, noninfringement, and implied warranties of merchantability and fitness for a particular purpose. You assume responsibility for selecting the services and software to achieve your intended results, and for the use thereof. ArenPro makes no warranty that the services or software will meet your expectations or requirements or that the services or software will be uninterrupted, timely, secure, or error-free.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall ArenPro be liable under any legal theory (including negligence) for any lost revenues, lost profits, lost data, or any direct, special, incidental, indirect, or consequential damages whatsoever arising out of or in any way related to your use of the services or software even if ArenPro has been advised of the possibility of such damages. To the maximum extent permitted by applicable law in no event shall ArenPro’s total liability to you for all damages exceed the greater of (a) fifty dollars (us$50.00) or (b) the amounts paid by you to ArenPro over the 12 months immediately prior to the events giving rise to such liability. The foregoing limitations will apply even if the above-stated remedy fails in its essential purpose.



 

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