Effective Date: 15-Aug-2020
Position2, Inc. ("Position2," "we," "us" or "our") owns or operates websites, including www.position2.com, www.thearena.ai and related domains, and offers a number of commercial internet services to you ("you" or "your") which may be accessed via the internet through a variety of devices or transmission types.
The following terms and conditions govern all access to and use of:
the services and products available from Position2, including those available at or through the Sites (collectively, the "Position2 Services").
CONSENT & ACKNOWLEDGEMENTS
ACCESS TO THE SITES AND USE OF THE POSITION2 SERVICES
General, public content available on the Sites may be accessed and viewed by anyone. However, the Position2 Services are available only to individuals who are at least 18 years of age. If you do not so qualify, do not attempt to register for an account or use the Position2 Services. Position2 may refuse to offer the Position2 Services to any person or entity at any time and may change its eligibility criteria, at any time, in its sole discretion.
In order to use the Position2 Services, you must register to create an account (“Account”). During the registration process, you will be required to provide certain information to us and you will establish a username and a password. By providing such information, you represent and warrant that such information is accurate, current, and complete information and you agree to update such information to keep it accurate, current, and complete. Position2 reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Position2 of any unauthorized access to or use of your Account. By signing up for the Position2 Services, you agree that Position2 may send you occasional emails relevant to your use of the Position2 Services.
GIVING US ACCESS TO OTHER ACCOUNTS AND SERVICES
RIGHTS TO USE; PROHIBITED ACTIVITIES
By accessing the Sites and/or using the Position2 Services, you agree not to:
Make available any content that is unlawful, harmful, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially or ethnically discriminatory, or otherwise objectionable.
Make available any content for which you do not have sufficient legal rights.
Use the Sites or Position2 Services to violate our rights, the rights of any third-party or any applicable local, state, federal or international law, including any rules or regulations having the force of law.
Violate any contractual or fiduciary obligation.
Use the Sites or Position2 Services in any manner that is designed to interfere, interrupt, change, adversely affect or limit the functionality of the Sites, the Position2 Services or any other computer software, hardware or telecommunications equipment.
Use the Sites or Position2 Services to collect or store personal data of third parties without their knowledge and informed consent.
License, sell, transfer, assign, distribute, host or otherwise commercially exploit the Site or Position2 Services.
Modify, prepare derivative works of, disassemble, decompile or reverse engineer any part of the Sites or Position2 Services.
Access the Sites or Position2 Services in order to build a similar or competitive website, product, application or service without our express prior written consent.
Attempt to gain unauthorized access to another user’s account or another user’s activities on the Sites or Position2 Services without permission.
Upload, transmit or otherwise distribute to or through the Site or Position2 Services any computer viruses, worms or other software intended to harm or interfere with the intended operation of any computer system or data.
Use any scrapers, crawlers, bots or other automated program to access, query or search the Sites or Position2 Services.
Attempt to circumvent any access restrictions, content-related limitations or security procedures that we use.
All use of the Sites and Position2 Services must be lawful, and you agree to notify us if you learn of any misuse.
You acknowledge and agree that we may send you periodic communications in connection with your use of the Sites and/or Position2 Services, such as marketing announcements, administrative messages, technical bulletins, notices about applicable fees and charges, transactional information, product announcements, other information concerning or related to the Sites and the Position2 Services and you will not be able to opt-out of receiving them, other than by requesting that Position2 delete your Account. These electronic communications are part of your relationship with Position2 and you consent to receive them as part of your use of the Sites and/or your subscription to the Position2 Services. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
MODIFICATION OF THE SITES AND THE POSITION2 SERVICES
ACCOUNT CANCELLATION; TERMINATION
You acknowledge that the Sites and the Position2 Services may contain, permit you or require to link to other websites or resources on the Internet offered by third parties, and that other websites or resources may contain links to the Sites and/or the Position2 Services. These third-party websites or resources are not under Position2’s control, and you acknowledge that Position2 is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such links does not imply endorsement by Position2 or any association with its operators. You further acknowledge and agree that Position2 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, products, goods or services available on or through any such website or resource. If you decide to access or use any such content, products, goods or services, you do so entirely at your own risk and subject to the terms and conditions in connection with such use.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR ACCESS TO AND USE OF THE SITES AND THE POSITION2 SERVICES IS AT YOUR SOLE RISK. THE SITES AND POSITION2 SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. POSITION2 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER POSITION2 NOR ANY PERSON ASSOCIATED WITH POSITION2 MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES, THE POSITION2 SERVICES, OR ANY CONTENT OR MATERIALS MADE AVAILABLE IN CONNECTION THEREWITH.
WITHOUT LIMITING THE FOREGOING, POSITION2 MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SITES OR THE POSITION2 SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITES OR THE POSITION2 SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR THE POSITION2 SERVICES WILL BE USEFUL, ACCURATE OR RELIABLE. POSITION2 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, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF THE SITES OR THE POSITION2 SERVICES, OR ITEMS OBTAINED THROUGH THE SITES OR THE POSITION2 SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIAL DOWNLOADED FROM IT, AVAILABLE THROUGH IT OR LINKED TO IT.
POSITION2 DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR LINKED THROUGH THE SITES, THE POSITION2 SERVICES, OR THE ACTIONS OF ANY THIRD PARTY OR USER.
LIMITATION OF LIABILITY
PROPRIETARY RIGHTS AND NOTICES
All trademarks, service marks, logos, trade names and any other proprietary designations of Position2 used in connection with the Sites and the Position2 Services are trademarks or registered trademarks of Position2. Any other trademarks, service marks, logos, trade names and any other proprietary designations of any third party are the trademarks or registered trademarks of the respective third parties. You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant or related to the Sites, the Position2 Services or any software, documentation, information or data related thereto; modify, translate, or create derivative works based on the Sites or the Position2 Services without our prior written permission; use the Sites or the Position2 Services for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
You may, from time to time, submit or recommend to us additional features, functionality, performance, comments, data, ideas, descriptions or other information (collectively, “Feedback”) that we may subsequently incorporate into the Sites, the Position2 Services or other Position2 products or services. Position2 and its successors and assigns may freely use, copy, disclose, sublicense, distribute, display and exploit any Feedback in connection with any of our products or services in any manner without any obligation, payment, royalty or restriction based on intellectual property rights, confidentiality or otherwise. You hereby: (i) grant Position2 and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual right and license to use and incorporate such Feedback into any Position2 product or service, including without limitation the Sites and the Position2 Services; and (ii) acknowledge that any Position2 product or service incorporating such new features, functionality, or performance will be the sole and exclusive property of Position2 and all such Feedback will be free from any confidentiality restrictions that might otherwise be imposed on us.