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STATEMENT OF PRIVACY PRACTICES AND TERMS OF SERVICE FOR IN THE ARENA ONLINE

PLEASE READ THIS STATEMENT OF PRIVACY PRACTICES AND TERMS OF SERVICE CAREFULLY BEFORE USING THE IN THE ARENA ONLINE SITE.

This statement of privacy practices and Terms of Service describes In The Arena Online, LLC’s (“In The Arena,” “we,” “our,” or “us”) practices with respect to collection, use, and disclosure of Personal Information as well as the Terms of Service for the https://inthearenaonline.com/ website (“Site”).   By using the Site, you signify your consent to the Terms of Service as well as the collection, use, and disclosure of your Personal Information. IF YOU DO NOT CONSENT TO THE TERMS OF SERVICE OR THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION, PLEASE DO NOT USE THE SERVICE.

1. Application

This statement only applies to the information you provide to us through the Site or information that you send to us to publish on the Site. It does not apply to information collected by us through other means or by third parties linked in any way to the Site. We have no control over, and no responsibility or liability for, any third party’s collection, use, disclosure, or retention of Personal Information and that collection, use, disclosure, and retention is not subject to this statement.

2. Changes to this Statement

We will occasionally update these policies and terms. Updated statements will be promptly posted.  

3. Statement of Privacy Practices Incorporated in Terms of Service

Your use of the Site is governed by the In The Arena’s Terms of Service. The Terms of Service contain important provisions, including provisions disclaiming, limiting, and excluding the liability of In The Arena for your use of the Site and provisions determining the applicable law and exclusive jurisdiction for the resolution of any disputes regarding your use of the Site. Each of the provisions of the Terms of Service applies to any disputes that may arise in relation to this statement of privacy practices and the collection, use and disclosure of your Personal Information and are of the same force and effect as if they had been reproduced directly in this statement.

4. Registration

To access certain features of our Site, you may be asked to register with us on the form provided and such registration may require you to provide Personal Information such as your name, email address, and certain demographic information such as your gender and date of birth.  You agree that you will only register if you are 13 years or older.  You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration form.  If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future sue of the Site (or any portion thereof).

You may send User Submissions directly to a manager of this Site for posting online.  User Submissions may include, but are not limited to, commentary or other articles written by you.   By sending User Submissions and/or Personal Information to the manger of this Site you agree to be bound by the terms of service and privacy policy.

5. Passwords

To use certain features of the Site, you may need a user ID and password, which you will create through the Site’s registration process.  You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password and account.  You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.  We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

6. What Is Personal Information?

In general, your Personal Information means information by which you, as an individual, can be identified. It includes information such as your name, mailing address, telephone number, and email address. Your Personal Information includes sensitive personal data, which is information as to your racial or ethnic origin, political opinions, religious, philosophical or similar beliefs, trade union membership, physical or mental health, sexual life, commission of criminal offenses and involvement in criminal proceedings.

7. Information That You Manually Provide

Your use of the Site may involve the input of Personal Information.  In addition, you may send Personal Information directly to the manager of this Site as part of a request to publish User Submissions.  We will necessarily collect some Personal Information based on your input.  It is your choice whether to provide Personal Information to us. Some information must be provided in order to participate in certain services, features, programs, or activities, so the decision not to provide information may limit or eliminate certain functions of the Site and/or your ability to participate. The types of Personal Information that we tend to request about you include, but are not limited to: your name, email address, interests and activities, birthday, city, zip code, and demographic information such as age and gender.

8.  Information Automatically Collected

The Site may automatically collect certain information from users through the use of “cookies” and other tracking mechanisms.  Information automatically collected may include, but is not limited to: your computer’s or device’s IP address, operating system and version, browser type, and information about your use of the Site (e.g. date and time of access, length of access, flow regularities, etc.). For example, we use cookies to store your username and password so that the Site can recognize you and allow you to access your account without requiring you to reenter the information. We may use this information for any lawful purpose, including, for example, using your IP address to help diagnose problems with our server, to operate the Site, to help identify you and to gather usage information. You may choose to decline cookies or other tracking mechanisms if your browser or system permits, but doing so may affect your ability to access or use certain features of the Site.

9.   Information About Others

We may collect and use Personal Information about other people that you provide to us, such as their name and email address. For example, if you provide Personal Information of others (friends, relatives, colleagues, etc.) we may use and store it in connection with our operation of the Site.  By submitting Personal Information about others, you represent and warrant that you are authorized to do so, and that to the extent required, you have obtained that person’s consent to share the information with us and the public at large.

10.  Use of Information

We use Personal Information to pursue our mission and operations, including the management of our Site and to engage in related activities. This may include, but is not limited to: storing information about you in connection with your profile so that we can recognize you when you access your account; providing you services you have requested; managing your account; providing customer support; contacting you about submissions you have (or appear to have) made; presenting information to you about new programs, products, and services; disclosing Personal Information to service providers and others in order to deal with requests and questions from you, personalize or enhance transactions, verify, process, store, and investigate Site activity; enforcing or exercising any rights in our Terms of Service; and performing functions as otherwise described to you at the time of collection. This statement of privacy practices is not a promise that your information will never be used except as described above; we reserve the right to use, disclose, retain, share, sell and otherwise deal with all information collected via the Site internally or to third parties, for any lawful purpose or to prevent harm to us or others.

We may combine the Personal Information you provide to us with information we receive from or about you from other sources and use combined information as allowed by law. You acknowledge and agree that we may process your Personal Information outside your jurisdiction of origin.

11.  Disclosure of Information

We do not share your Personal Information with others except as indicated below or when we inform you and give you an opportunity to opt out of having your Personal Information shared. We may share Personal Information with:

Normal Site operation: When you use the Site other users of the Site will have access to information you post to the Site including but not limited to, your profile information, User Submissions, and posts.

Service providers: We may share your Personal Information, which may include your name and contact information (including email address) with third parties that perform certain services on our behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, supporting the Site functionality, and other features offered through the Site.

Social networking sites: We may share Personal Information you provide through the Site (including your Personal Information contained in them) with Social Sites when you indicate you want the information shared to a Social Site (e.g. you “share” a User Submission with Facebook). You may indicate that you want to share your User Submission each time you create a post or you may indicate you want to share information automatically, e.g., each time you post it will appear on your Facebook feed). Information shared with Social Sites will be subject to that Social Site’s privacy policy and practices, you should familiarize yourself with the Social Site’s policy and practices before sharing.

Other situations: We also may disclose your Personal Information:

In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us. We reserve the right, but do not undertake a duty, to notify you of court orders, subpoenas or other legal process if allowed. If you do not want us to respond to legal process compelling us to disclose any information about you, you need to obtain a valid court order from a court of competent jurisdiction.  

When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce the Privacy Practices, Terms of Service or other agreements or policies.

In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, reorganization, or asset sale, or in the unlikely event of bankruptcy, including to prospective or actual purchasers in connection with any of these transactions.

12.  Aggregated and Non-Personal Information

We may share non-personal information we collect, without restriction. For example, we may share it with third parties to develop and deliver targeted advertising on the Site and on websites of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis.

13.  Intellectual Property

The Site is the exclusive property of In The Arena, all rights reserved. The In The Arena name and logo, and various other trademarks used on this Site and all related product and service marks and slogans are the property of In The Arena.  All other product and service marks contained on the Site are the property of their respective owners. By posting User Submissions or submitting User Submissions to be posted by us, you grant us a worldwide, non-exclusive, royalty-free, sublicenseable, transferable, and perpetual, license to use, reproduce, distribute, and prepare derivatives of any content.  You may not use any In The Arena or third party trademarks, service marks, or logos without the prior written consent of In The Arena or the third party trademark owner.  You may not make machine readable copies or backup copies of the Site or content available on the Site.

14.  Third Party Websites

Through the Site, you may access other websites that do not operate under this statement. For example, if you click on an advertisement on the Site or a link provided by another user, you may be taken to a website that is not operated by us. Third-party websites collect information, including Personal Information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit.

15.  Retention of Personal Information

We generally will retain information for as long as required, allowed, or as we believe is useful. If you cease using the Site, or your permission to use the Site is terminated, we may continue to use and disclose your Personal Information in accordance with this statement of privacy practices as amended from time to time. We do not undertake retention obligations through this statement. We may dispose of information in our discretion without notice, subject to applicable law.

16.  Information Security Measures

Keeping the Personal Information that we collect secure is of great concern to us. We exercise care in facilitating the transmission of information between your computer and the servers that operate the Site. Personal Information collected by the Site is stored in secure operating environments that are not available to the public. While we have mechanisms in place to safeguard your Personal Information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

17.  Withdrawing Consent

To the extent that Personal Information may be withdrawn, you may remove it from the Site using tools that we supply.  It is possible that copies of the Personal Information you provided may remain with us.  We reserve the right to terminate your account and any contracts or obligations we might have to you, including, but not limited to any benefits or services you receive from us.  

18.  Use

You may use the Site solely for your own non-commercial use where permitted. You agree not to change or delete any proprietary notices from materials downloaded from the Site.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to post the User Submission and that you fully authorize us to include the User Submission on the Site; (ii) to the extent necessary, you have the written consent, release, and/or permission of each and every living, identifiable person in the User Submission to use that person’s or organization’s name or likeness in the manner contemplated by the Site; (iii) your User Submission is not defamatory or a false statement of fact; and (iv) your User Submission does not violate any term contained herein. Under no circumstances will we be liable or responsible in any way for any User Submission, including, but not limited to, any loss or damage of any kind incurred as a result of the use or misuse of any user information made available on the Site.

You understand that when using the Site, you will be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You understand and  acknowledge that you may be exposed to User Submissions and historical documents that are inaccurate, offensive, indecent, or objectionable.

You understand that submitting User Submissions does not guarantee that they will be published on the Site.  We retain the right to not publish User Submissions, and take down previously published User Submissions.   We also retain the right to edit User Submissions prior to posting without your consent.  

You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us arising from the content of the User Submissions, historical documents or any other materials that can be viewed on the Site.

Users are strongly encouraged to notify us of any offensive, indecent, objectionable or pornographic material on the Site. We will remove any material that we, in our sole discretion, determine violates these Terms of Service, but we make no assurance that content you believe is offensive will be removed.

19.  Disclaimer of Warranties

You understand we cannot and do not guarantee or warrant that the Site will be free of infection or viruses, worms, Trojan Horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient safeguards to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site.

THE SERVICE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-DEFAMATION, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW. IN THE ARENA DISCLAIMS ANY WARRANTIES THAT THE SERVICE OR INFORMATION PROVIDED THROUGH THE SITE ARE FREE OF DEFECTS OR VIRUSES AND DISCLAIMS ANY WARRANTIES WITH RESPECT TO THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.

We do not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected. Changes are periodically made to the information herein. In The Arena and/or its affiliates may make improvements and changes in the product(s) or the program(s) described herein at any time.

Some links on this Site may let you leave our Site. The linked sites are not under the control of In The Arena and In The Arena is not responsible for the contents of the linked Site, any linked Site contained in a link Site, or any changes or updates to such sites. In The Arena provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by In The Arena of the site. You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. In The Arena has no control over and accepts no responsibility whatsoever for such materials.

20.  Limited Liability Damages

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY CLAIM, LIABILITY, EXPENSE OR DAMAGE (WHETHER ACTUAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL) RELATING TO THE INFORMATION APPEARING ON THE SITE OR THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS ON OR THROUGH THE SITE OR AS THE RESULT OF ANY USER SUBMISSIONS ON THE SITE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL IN THE ARENA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE OR USING THE SERVICES OFFERED ON THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, IN THE ARENA’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

21.  Indemnification

You agree to indemnify, defend and hold harmless In The Arena, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you, or your violation of any rights of another.  Your indemnification obligation includes, but is not limited to, suits by another for defamation, slander, or liable.  

The provisions of these Terms of Service are for the benefit of In The Arena and its officers, directors, employees, agents, licensees, affiliates, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

22.  Termination

You understand and agree that we may, in our sole discretion and at any time, terminate or

discontinue the Site or your access to the Site for any reason without prior notice to you.

YOU UNDERSTAND AND AGREE THAT IN THE ARENA SHALL NOT HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY TERMINATION OF THE SITE OR YOUR ACCESS TO THE SITE.

23.  Miscellaneous

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Minnesota and the United States of America, 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 these terms shall be filed only in the state or federal courts located in Minneapolis, Minnesota, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of any action relating to or arising out of your use of the Site or the Terms of Service. In no event shall you be entitled to injunctive or other equitable relief. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

24.  Access to Your Information and Contacting Us

You may access and modify your information by logging into your Site account or by contacting us at info@inthearenaonline.com.    We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If you have any questions about this statement of privacy practices or other matters that relate to it, you may contact us at: info@inthearenaonline.com.