Training Arena LLC
Website Terms of Use
Last Modified: May 13, 2024
ATTENTION!—CLASS ACTION WAIVER AND ARBITRATION AGREEMENT:
These Terms contain provisions that govern how claims you and we may have against each other are resolved—including a class action waiver and an agreement and obligation to arbitrate disputes. YOU WILL NOT BE ABLE TO BRING OR PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST US. And the arbitration agreement, subject to limited exceptions, requires you to submit claims you have against us to binding individual arbitration, unless you opt-out in accordance with the “Arbitration Agreement and Class Action Waiver” below. CAREFULLY REVIEW THE SECTION BELOW ENTITLED “ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” BEFORE YOU AGREE TO THESE TERMS OF USE OR USE OUR SERVICES.
1. Acceptance of the Terms of Use
These terms of use are entered into by and between You and Training Arena LLC (“Training Arena”, “Company”, “we”, “our”, or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of www.trainingarena.com (the “Website”), including any content, functionality, products, and services offered on or through the Website, the Training Arena mobile application (the “App”), and all classes, courses, content, and training modules available thereon (the “Courses”) (together, the Website, the App, and the Courses are referred to herein as the “Services”), whether as a guest or a registered user.
Please read the Terms of Use carefully before you start to use the Services. By using our Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, found at https://www.trainingarena.com/privacy-policy (the “Privacy Notice”), incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Notice, you must not access or use our Services.
The Services are offered and available to users who are 18 years of age or older. By using our Services, you represent and warrant that you are at least 18 years of age and of legal age to form a binding contract. If you do not meet these requirements, you must not access or use the Services.
2. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
3. Access and Use of the Services
Our Services include digital products and online, pre-recorded Courses available on demand for purchase. The Services are solely for your personal, non-commercial use. When you purchase a Course through the Website or App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services for your persona, noncommercial, and educational use, solely as expressly permitted in these Terms of Use on a streaming-only basis for the time period specified at the time of purchase. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. Any other use of the Services is strictly prohibited. You agree not to use the Services for public performances of group viewing; if you are interested in a group license to watch a Course, please email info@trainingarena.com.
All right, title, and interest in and to the Services, including our Courses, Website, App, our existing or future applications, our APIs, databases, and the content provided through our Services is and will remain the exclusive property of Training Arena and its licensors. Our Services may be protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing gives you a right to use the Training Arena name or any of the Training Arena trademarks, logos, domain names, and other distinctive brand features.
Each Course page on the Website and App specifies the Course curriculum, instructor information, cost, number of modules within the Course, and the time period the Course will be available after purchase. Once a license to view a Course is purchased, you may watch the Course as many times as you’d like during the 365-day Course access period (the “Access Period”).
4. Accessing the Services and Account Security
We reserve the right to withdraw or amend the Services, and any Courses or materials we provide through the Services, including the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or all of the Services, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Services.
Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.
To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register with the Services is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services (including any Courses you purchase) using your password or other security information. You agree to notify us immediately of any unauthorized access to or use of your password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
5. Intellectual Property Rights
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You agree not to display, distribute, license, perform, publish, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, download, or upload for any commercial purposes, any portion of our Services. You are prohibited from subsequently teaching Training Arena Courses to others, for profit or otherwise, or from publicly displaying any Courses purchased through the Services.
If you print, copy, modify, distribute, duplicate, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services (including any purchases thereon) will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any Courses is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
6. Trademarks
The Company name, the term “Training Arena”, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.
7. Use of Generative Artificial Intelligence
The Company uses generative artificial intelligence (“AI”) in the Services to generate summaries, maintain accuracy of content, generate or enhance blog content available at https://www.trainingarena.com/blog, assist with language translation, and to replicate voices on certain videos to avoid reshooting and revising content.
8. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.
Additionally, you agree not to:
Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer or database connected to the Services.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Services.
9. Monitoring and Enforcement; Termination
We have the right to:
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.
10. Reliance on Information Posted
The information presented on or through the Services, including the Courses, is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by instructors, other users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
11. Changes to the Services
We may update the content on the Services, including the copy on the Website and the Courses available thereon, from time to time. Any of the material, content, and/or Courses on the Services may be out of date at any given time, and we are under no obligation to update such material, content, and/or Courses.
12. Information Collected Through the Services
All information we collect on through the Services is subject to our Privacy Notice. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
13. Terms and Conditions for Purchases through the Services
By placing an order for Course(s) you: (i) agree to purchase the Course(s) and (ii) represent that you are an authorized user of the credit card provided to complete your purchase. If you do not receive an email message from us confirming receipt of your purchase, please contact us at info@trainingarena.com before placing a subsequent order. You will receive access to a purchased Course immediately after completing the purchase.
All purchases made through the Services are final and non-refundable.
The Company uses a third party payment processor to collect all payments. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards. Such payment methods are subject to change. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and Training Arena is not responsible for any fees charged by them. Training Arena disclaims all liability with regard to any fees or problems you have with third-party payment processors.
You may access your purchases by signing in to the Website or App and viewing your account.
We reserve the right to change the prices set forth on our Website and App. If you continue to use the Services after the price change becomes effective, this constitutes your agreement to pay the changed amount. You are responsible for all taxes or fees associated with your use of the Services and purchases therein.
We may, in our sole discretion, create discounts and promotional codes that may be redeemed through our Services, subject to any additional terms that we establish on a per promotional code basis. Such promotional codes may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise) unless expressly permitted by us. We may disable promotional codes at any time for any reason without liability to us. Promotional codes may only be used pursuant to the specific terms that we establish and have no monetary value and are not redeemable for cash or any cash equivalent. Each promotional code will have an expiration date.
14. Linking to the Website and App and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
The Services may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Website or in the App.
Send e-mails or other communications with certain content, or links to certain content, on this Website or in the App
Cause limited portions of content on this Website or the App to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website, App, or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Otherwise take any action with respect to the materials on the Services that is inconsistent with any other provision of these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
15. Links from the Services
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
16. Geographic Restrictions
The owner of the Services is based in the State of California in the United States of America (the “USA”). We make no claims that the Services or any of its content available thereon is accessible or appropriate outside of the USA. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the USA, you do so on your own initiative and are responsible for compliance with local laws.
17. Disclaimer of Warranties
The use of the Services or the downloading or other acquisition of any materials through the Services is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities.
In the event that any Courses or content available on the Services is also available through any third-party platform, or if Training Arena provides links from the Services to any third-party platform or permits any third-party to link from its platform to the Services, you understand and agree that Training Arena makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Training Arena, and Training Arena provides and/or permits these links only as a convenience to you.
Training Arena-affiliated content available through the Services or a third-party platform or presented through any Course represents the opinions and judgments of an information provider, user, student, teacher, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone, including any Course instructors, other than an authorized Training Arena spokesperson speaking in his/her official capacity.
The Website materials, including but not limited to the Courses offered by Training Arena and its affiliates, do not meet Tactical Combat Casualty Care – Medical Personnel (TCCC-MP) standards.
TRAINING ARENA DOES NOT PROVIDE MEDICAL ADVICE. The information, including but not limited to, text, graphics, images, videos, and other materials contained on this Website are for informational and educational purposes only. No material on this Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Training Arena does not recommend, endorse, or make any representation about the efficacy, appropriateness, or suitability of any specific training, procedures, treatments, methods, services, products, opinions, or other information that may be contained on or available through this Website. Always seek the advice of your physician or other qualified health care providers with any questions you may have regarding a medical conditions or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.
Training Arena does not (i) directly or indirectly practice medicine, (ii) dispense medical services, (iii) provide medical advice, or (iv) otherwise convey medical opinions. You agree and understand that Training Arena assumes no liability for the accuracy or completeness of any content offered on the Services, including the content of any Courses.
Unless otherwise noted, the instructors in the Website materials are not doctors and are not licensed or otherwise qualified to provide professional medical advice, diagnosis, or treatment.
To the extent Training Arena provides any information regarding health, wellness, the use of weapons, situational awareness, military tactics, or related matters through the Services, we do so only in a general way. You acknowledge and agree that the Services are not intended to be, and will not be used as, a substitute for medical treatment by a healthcare professional, medical training, or military or other weaponry training. You acknowledge and agree to accept the inherent risks and dangers in participating in providing medical care, physical exercise, self-defense, and the use of weapons. You agree to seek the advice of your physician or other qualified health care providers with any questions you may have regarding a medical condition or treatment. You agree to never disregard professional medical advice or delay in seeking it because of something you have read on this Website or because of any content contained in the Courses. The materials on this Website are intended for informational and educational purposes only. If you are in an emergency or other dangerous situation or if you believe you are experiencing a medical emergency, you agree to call 911 immediately. You agree that Training Arena will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s medical, health, and/or weaponry content. Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
The information on this Website including but not limited to text, graphics, images, videos, and other materials contained on this Website address situations involving an increased risk of harm, including but not limited to injury, death, and dismemberment. The trainings provided through this Website are only intended for use in emergency situations. Additionally, the trainings and methods provided through this Website are only intended for use by and on healthy, able-bodied adults. Use of the methods proscribed in the training videos on infants, children, the elderly, people with disabilities or any other individuals whose health may be compromised, can result in serious injury or death. You warrant that you are over the age of 18 and understand that this Website is intended only for use by adults. You warrant that you are physically fit and have no medical condition or history that would prevent your participation in these activities. You also warrant that you understand and agree that the methods taught in the Courses should not be used by or on infants, children, the elderly, people with disabilities, or any other individual whose health may be compromised.
Use Any Weapon or Potential Weapon at Your Own Risk. Weapons (including but NOT limited to: Firearms, Bows, Arrows, SlingShots, SlingBows, Air Rifles and Pistols, Blow Guns, Batons, Knives, Tasers, Pepper Spray, Tactical Pens, etc.) are, or can be DANGEROUS. SERIOUS INJURY OR DEATH MAY RESULT. The safest approach to ANY weapon (or potential weapon) is to not approach or use it at all. For your immediate safety and the safety of those around you, Training Arena does NOT recommend that you use any weapon. If you choose to use any weapon, explosive or potentially harmful tool or device shown in our videos, on our Services, or in any other context associated with Training Arena, you do so AT YOUR OWN RISK. We HIGHLY recommend that you familiarize yourself with the local, regional, state/provincial, and national laws that govern you and your possession and/or use of any and every weapon (or potential weapon) and comply with every law in any jurisdiction to which you are subject.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, APP, OR THE SERVER THAT MAKES EITHER THE WEBSITE OR THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, THE COURSES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOT WITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY SERVICES PURCHASED BY YOU FROM THE COMPANY THROUGH THIS WEBSITE OR THE APP.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Indemnification
You represent and warrant that your use of the Training Arena Website and the information, content and materials contained therein, as well as information or materials received from a Training Arena representative or instructor will at all times comply with applicable laws, rules, regulations and this Agreement. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any purchase and use of Courses, or use of the Services’ content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services. You agree to cooperate as fully as reasonably required in the defense of any claim. Training Arena reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding Training Arena harmless.
20. Governing Law and Jurisdiction
Except as otherwise provided in the section below entitled “Arbitration Agreement and Class Action Waiver,” all matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
21. Arbitration Agreement and Class Action Waiver
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS. YOU AGREE THAT BY USING THE SERVICES, OR BY OTHERWISE AGREEING TO THESE TERMS, YOU AND TRAINING ARENA ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. YOU AND TRAINING ARENA AGREE THAT YOU MAY BRING CLAIMS AGAINST TRAINING ARENA ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT CLASS ARBITRATIONS, CLASS ACTIONS, OR OTHER COMBINED PROCEEDINGS ARE NOT PERMITTED.
You and Training Arena agree that any and all claims and disputes arising from or relating in any way to the subject matter of these Terms of Use, your use of the Services, or your and Training Arena’s dealings with one another (including, but not limited to, your receipt of marketing telephone calls, text messages, emails, or other communications from or on behalf of Training Arena) shall be finally settled and resolved through BINDING INDIVIDUAL ARBITRATION as described in this section. You and we also agree that the arbitration provision and class action waiver apply to claims made regarding past, present, or future conduct, and also apply to claims made independently or with other claims.
This agreement to arbitrate is intended to be interpreted broadly. YOU AND WE AGREE THAT “CLAIMS” AND “DISPUTES” SUBJECT TO THIS ARBITRATION PROVISION THEREFORE ARE TO BE GIVEN THE BROADEST POSSIBLE MEANING AND INCLUDE CLAIMS OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED TO, INITIAL CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, AND THIRD-PARTY CLAIMS, AND CLAIMS BASED ON ANY FEDERAL, STATE, OR LOCAL CONSTITUTION, STATUTE, REGULATION, ORDINANCE, WARRANTY, COMMON LAW RULE (INCLUDING RULES RELATING TO CONTRACTS, TORTS, NEGLIGENCE, FRAUD, OR ANY OTHER INTENTIONAL WRONGS), AND EQUITY. THEY INCLUDE CLAIMS AND DISPUTES THAT SEEK RELIEF OF ANY TYPE—INCLUDING ACTUAL, STATUTORY, OR PUNITIVE DAMAGES AND/OR INJUNCTIVE, DECLARATORY, OR OTHER EQUITABLE RELIEF.
There is no judge or jury in arbitration. Generally, arbitration procedures are simpler and more limited than rules applicable in court, and review by a court is limited. Neither you nor Training Arena will be able to have a court or jury trial or participate in a class action or class arbitration. You and Training Arena each understand and agree that by agreeing to resolve any dispute through individual arbitration, YOU AND TRAINING ARENA ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. ANY DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION, OR ANY SIMILAR PROCEEDING. The arbitrator may not consolidate or combine the claims or arbitrations of multiple parties.
In the event of a dispute, and before initiating an arbitration proceeding under this section, you and Training Arena agree that the party alleging a dispute must send to the other party a notice of dispute, which is a written statement that sets forth the name, address, and contact information of the party giving the notice, a brief summary the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to help@trainingarena.com and/or via mail to Training Arena, LLC, 3400 Cottage Way, Ste G2 #20710, Sacramento, California 95825, Attention: Legal. We will send any notice of dispute to you at the contact information we have for you. You and Training Arena agree to attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After that sixty (60) day period and not before, you or we may commence an arbitration proceeding in accordance with this section.
If you and Training Arena do not resolve a dispute by informal negotiation, the dispute shall be resolved by binding individual arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. The arbitration will be governed by the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this section. The arbitration will be conducted by JAMS using one arbitrator with substantial experience in resolving consumer contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the JAMS Rules. If JAMS is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator that you and Training Arena both agree upon in writing or that is appointed pursuant to section 5 of the Federal Arbitration Act.
For any claim where the total amount of the award sought is $10,000 or less, the arbitrator, you, and Training Arena must abide by the following rules: (a) the arbitration shall be conducted solely based on telephone or online remote appearances and/or written submissions (or some combination thereof); and (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS Rules and the hearing (if any) will be conducted under the JAMS Rules in person (at a mutually-agreeable location) or virtually by conference call, videoconference, or using other communications technology with participants in one or more geographical places, or in a combined form. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be.
The JAMS Rules and instructions about how to initiate an arbitration are available at www.jamsadr.com or 1-800-352-5267.
This arbitration agreement involves interstate commerce and, therefore, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law. THE ARBITRATOR SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER APPLICABLE SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY, AND PUNITIVE DAMAGES, AS WELL AS, DECLARATORY, INJUNCTIVE, AND OTHER EQUITABLE RELIEF—INCLUDING PUBLIC INJUNCTIVE RELIEF AND ATTORNEYS’ FEES AND COSTS.
In accordance with the JAMS Rules, the party initiating the arbitration (either you or Training Arena) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (a) that award is greater than the amount of our last written settlement offer; or (b) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred. Further, if you demonstrate that paying the arbitrator’s costs and fees would be prohibitively expensive for you, Training Arena shall pay those costs and fees regardless of whether you prevail in the arbitration—unless the arbitrator determines that your claim was frivolous.
You and Training Arena empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms of Use or the arbitration provision—including the formation of the Agreement, the arbitrability of any dispute, and any claim that all or any part of these Terms of Use are void or voidable (such as, but not limited to, whether the arbitration provision is unconscionable).
Notwithstanding any provision in these terms to the contrary, you and we agree that if the class action waiver above is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and any proceeding shall be brought and proceed exclusively in the state courts of competent jurisdiction located in Sacramento, California, or the United States District Court for the Eastern District of California.
If the arbitration provision in this section is found unenforceable or to not apply for a given dispute, then the proceeding must be brought exclusively in the state courts of competent jurisdiction located in Sacramento, California, or the United States District Court for the Eastern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial and waive any right to initiate or proceed in a class or collective action. You also remain bound by any and all limitations on liability and damages included in these Terms of Use. This arbitration agreement and class action waiver shall survive termination of your use of the Services or termination of our dealings.
AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION MAY ENFORCE IT IN FULL WITH RESPECT TO ANY CLAIMS BETWEEN THEM ON THE ONE HAND AND YOU ON THE OTHER ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, OUR DEALINGS WITH YOU, OR THIS ARBITRATION PROVISION. INTENDED BENEFICIARIES ARE OUR AGENTS, PRINCIPALS, REPRESENTATIVES, DIRECTORS, OFFICERS, SHAREHOLDERS, GOVERNORS, MANAGERS, AND MEMBERS. INTENDED BENEFICIARIES ALSO ARE OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSEES, ATTORNEYS, PREDECESSORS, SUCCESSORS, JOINT VENTURERS, CONTRACTORS, ASSIGNS, DESIGNEES, SERVICERS, AND SERVICE PROVIDERS. A SERVICE PROVIDER IS ANY THIRD-PARTY PROVIDING US OR ANY INTENDED BENEFICIARY ANY GOODS OR SERVICES ARISING OUT OF OR IN ANY WAY RELATING TO OUR DEALINGS WITH YOU OR THIS ARBITRATION PROVISION. INTENDED BENEFICIARIES INCLUDE PAST, PRESENT, AND FUTURE PERSONS LISTED IN THIS PARAGRAPH. THIS ARBITRATION PROVISION MAY BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY PURPORTING TO BRING CLAIMS ON YOUR BEHALF, INCLUDING ANY AGENT, REPRESENTATIVE, GUARDIAN, OR TRUSTEE. THIS ARBITRATION PROVISION MAY ALSO BE ENFORCED BY OR AGAINST ANY PERSON OR ENTITY WHO ACQUIRES ANY RIGHT OR INTEREST THAT, BUT FOR THE TRANSFER OF THE RIGHT OR INTEREST, WOULD HAVE BELONGED TO US OR AN INTENDED BENEFICIARY OF THIS ARBITRATION PROVISION. YOU ALSO ACKNOWLEDGE THAT YOU SHALL BE ESTOPPED FROM DENYING AN OBLIGATION TO ARBITRATE COVERED DISPUTES WITH AN INTENDED BENEFICIARY.
If you wish to opt-out of this agreement to arbitrate, within 45 (forty-five) days of when you first use any of the Services or submit through any of the Services a request for information, you must send Training Arena an email or letter stating “Request to Opt-Out of Agreement to Arbitrate” at the following email address or mailing address AND MUST INCLUDE YOUR FULL NAME, MAILING ADDRESS, AND TELEPHONE NUMBER:
Email Address: help@trainingarena.com
Mailing Address: 3400 Cottage Way, Ste G2 #20710, Sacramento, California 95825,
Attn: Legal Department
If you do not opt-out within 45 days of when you first use any of the Services or submit through any of the Services a request for information, then you are not eligible to opt-out of this arbitration agreement. In the event you opt out of the arbitration provision, you agree to litigate exclusively in the state courts of competent jurisdiction located in Sacramento, California, or the United States District Court for the Eastern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts for the purpose of litigating such claims or disputes, and you still waive your right to a jury trial, waive your right to initiate or proceed in a class or collective action, and remain bound by any and all limitations on liability and damages included in these Terms of Use.
22. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR USE OF THE SITES, OR YOUR AND TRAINING ARENA’S DEALINGS WITH ONE ANOTHER IN CONNECTION WITH THE SITES OR SERVICES MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. SOME JURISDICTIONS DO NOT ALLOW TIME LIMITATIONS OTHER THAN THOSE SET FORTH IN SUCH STATE’S STATUTE OF LIMITATIONS LAWS. IN SUCH CASES, THE APPLICABLE STATUTE OF LIMITATIONS PROVIDED FOR UNDER THE LAWS OF SUCH STATE SHALL APPLY.
23. Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
24. Copyright Infringement Claims
In accordance with the Digital Millennium Copyright Act of 1988, Training Arena promptly responds to claims of copyright infringement committed on the Services if such claims are reported to our designated Copyright Agent.
If you believe your work has been posted on the Services in a way that constitutes copyright infringement, please deliver the following information to our designated Copyright Agent at the address below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of the location on the Services of the material that you claim is infringing;
Your address, telephone number and email address;
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Designated Copyright Agent: Training Arena LLC, 3400 Cottage Way, Suite G2 #20710, Sacramento, California 95825; ATTN: Copyright Agent.
25. Entire Agreement
The Terms of Use and the Privacy Notice constitute the sole and entire agreement between you and Training Arena LLC with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services.
26. Your Comments and Concerns
This website is operated by Training Arena LLC, 3400 Cottage Way Ste G2 #20710,
Sacramento, California 95825.
All notices of copyright infringement claims should be sent to the Copyright Agent as identified in Copyright Infringement Claims above and in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to: info@traningarena.com.