Arena Membership Inquiry

TERMS

Last Updated/Effective Date: June 2026

IMPORTANT NOTICE REGARDING DISPUTE RESOLUTION:

SECTION 17 BELOW CONTAINS PROVISIONS THAT, WITH LIMITED EXCEPTIONS: (a) REQUIRE THE USE OF ARBITRATION, RATHER THAN COURTS OR JURY TRIALS, TO RESOLVE DISPUTES; (b) REQUIRE YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS AND EXPRESSLY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION IN CONNECTION WITH SUCH DISPUTES; AND (c) LIMIT THE REMEDIES THAT ARE AVAILABLE IN THE EVENT OF A DISPUTE. PLEASE CAREFULLY REVIEW SECTION 17 FOR DETAILS REGARDING THIS DISPUTE RESOLUTION PROCEDURE. SCROLL DOWN TO SECTION 17 TO REVIEW THE ARBITRATION AGREEMENT.

BY USING OR ACCESSING THE “ARENA SERVICES” (AS DEFINED BELOW), YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS OF USE, INCLUDING THE ARBITRATION AGREEMENT, JUST AS IF YOU HAD SIGNED THEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE, OR IF YOU FAIL TO MEET THE ELIGIBILITY CRITERIA SET FORTH IN THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR OTHERWISE USE THE ARENA SERVICES.

1. Description of the Arena Services

Arena XP LLC (“Arena”, “we” or “us”) has developed these Terms of Use (“Terms of Use”) to describe the terms that govern your access to and use of the website located at http://www.ARENAvip.com along with any and all other websites, mobile application(s), platforms or services that host, link to or otherwise refer users to these Terms of Use, and all elements of those websites, applications, platforms and services, including their respective features, functionality, user interface, software and other technology, and any other products, features, tools, materials, or other services (including third party services) offered or accessible from time to time on or through such websites, applications, platforms and services (all of the foregoing individually and collectively referred to in these Terms of Use as the “Arena Services”) including without limitation the Arena membership program and related websites, mobile applications, and services. These Terms of Use govern your use of the Arena Services. Your access or use of the Arena Services confirms that you have read, understood and agreed to be bound by these Terms of Use, including any future modifications, and have agreed to abide by all applicable laws, rules and regulations (“Applicable Law”). Before using the Arena Services, please also review the related Arena Privacy Policy (the “Privacy Policy”), which is available at www.ARENAvip.com/privacy-policy and is incorporated herein by this reference.

For purposes of these Terms of Use, an individual or entity that has been approved by Arena for participation in the Arena membership program and has entered into a Membership Agreement with Arena shall be referred to as a “Member.” References to "you" and "your" in these Terms of Use include each Member, prospective member, guest, invitee, the person whose name is associated with an Arena Services account (the "Account Holder"), and any other person or entity that visits, accesses, registers for, or otherwise uses Arena Services through that Account or otherwise. Members are subject to these Terms of Use in addition to any Membership Agreement, Membership Club Terms and Conditions, event and ticket terms, venue rules, experience terms, or other Additional Terms, as defined below, applicable to their membership, membership benefits, reservations, tickets, events, experiences, or use of the Arena Services.

The Arena Services provide information regarding Arena memberships, membership eligibility, membership benefits, events, experiences, venues, reservations, ticket credits, tickets, and related products and services, as well as other content, information, text, files, images, videos, audio recordings, works of authorship, trademarks, service marks, names, logos, designs, and other materials (collectively referred to herein as “Content”). Such Content may be owned by Arena, its parent, subsidiary, and affiliated entities (each, an “Arena Affiliate”), their licensors, venue operators, event organizers, partners, or other third parties (collectively, “Arena Content”). The Arena Services may also include Content submitted, posted, or otherwise provided by Members or other users (“User Content”).

Access to certain portions of the Arena Services, membership benefits, events, experiences, tickets, reservations, promotions, products, services, or features may require you to download software or other materials, execute a separate agreement, or agree to additional terms, conditions, policies, rules, waivers, or disclosures (collectively, “Additional Terms”). Additional Terms may include, without limitation, Membership Agreements, membership club terms and conditions, event and ticket terms, venue rules and policies, experience-specific terms, promotional terms, payment processing terms, billing and payment authorization terms, reservation and ticketing terms and other supplemental terms made available by Arena or the applicable third parties.

In the event of any conflict between these Terms of Use and any applicable Additional Terms, the Additional Terms will control solely with respect to the specific product, service, feature, event, experience, ticket, reservation, membership benefit, or other matter to which they apply, and these Terms of Use will govern all other matters. For Members, the Membership Agreement and Membership Club Terms and Conditions shall control over these Terms of Use with respect to any matter relating to Membership, membership benefits, reservations, tickets, events, or experiences.

Please note that the website addresses (i.e., URLs) included within these Terms of Use may not function as hyperlinks everywhere these Terms of Use appear. To view these Terms of Use with clickable hyperlinks, please visit the Arena website at www.ARENAvip.com/terms-of-use.

2. Changes to These Terms of Use

We may need to make changes to these Terms of Use from time to time and reserve the right to do so for any reason. For example, we may need to update how the Arena Services work or reflect changes in the law. You should revisit these Terms of Use regularly. They are posted on the websites associated with the Arena Services. Any change to these Terms of Use will be effective as soon as the revised Terms of Use are first posted, unless the law requires us to delay the effective date. Your continued use of the Arena Services following any modification constitutes your acceptance of and agreement to be bound by these Terms of Use as so modified.

Notwithstanding the foregoing, if you are a Member, any changes to your Membership, membership benefits, reservations, ticket credits, events, experiences, fees, or other rights and obligations associated with your Membership shall be governed by your Membership Agreement, Membership Club Terms and Conditions, and any other applicable Additional Terms.

Without limiting the generality of the foregoing, you and we also specifically agree that to provide a uniform method of dispute resolution, Arena may update its dispute resolution procedures (currently in Section 17) at any time to apply to all “Disputes” (as defined in Section 17) not yet initiated by you or us as of the date the dispute resolution procedures are updated. Thus, you and we must initiate any Dispute under the version of Arena’s dispute resolution procedures that are current as of the date you or we initiate the Dispute, regardless of whether the Dispute is based on alleged conduct that occurred before the dispute resolution procedures were updated and regardless of whether we continue to serve you. Arena’s dispute resolution procedures, including any updates to them, will remain publicly accessible on the Arena Services for review by all current and former users of the Arena Services.

3. Arena Services Account.

a. Your Account. Certain features of the Arena Services, including applications for Membership, management of membership benefits, reservations, ticket credits, events, experiences, and other services available through the Arena Services, may require you to create an Account. You must provide accurate, current, and complete information when creating an Account and must promptly update such information as necessary to keep it accurate, current, and complete. To access certain portions of the Arena Services, you may be required to maintain an active Membership in accordance with your Membership Agreement, Membership Club Terms and Conditions, and any other applicable Additional Terms and to provide and maintain a valid payment method ("Payment Method") and make any applicable payments when due. For purposes of these Terms of Use, a “Payment Method” may include, as permitted by Arena, a credit card, debit card, ACH authorization, wire transfer authorization, bank account, or other payment method accepted by Arena from time to time. Arena may utilize third-party service providers to facilitate payments, reservations, ticketing, identity verification, or other services, and your use of such services may be subject to additional terms and conditions imposed by the applicable third-party provider.

If you apply for or obtain a Membership, your use of the Arena Services and your Membership will also be subject to your Membership Agreement, Membership Club Terms and Conditions, and any other applicable Additional Terms. Membership eligibility requirements, membership benefits, fees, reservation rights, ticket credits, guest privileges, and other Membership-related rights and obligations are governed by those agreements and not solely by these Terms of Use.

You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to notify Arena immediately if you suspect any unauthorized use of, or access to, your Account or password. Arena reserves the right to suspend, restrict, or terminate access to any Account that Arena believes has been compromised or is being used in violation of these Terms of Use, the Membership Agreement, Membership Club Terms and Conditions, or Applicable Law.

You may not: (i) select or use a username that impersonates another person or entity; (ii) use a username that is subject to the rights of another person or entity without authorization; or (iii) provide false or misleading information in connection with the creation or maintenance of an Account. Arena reserves the right to refuse registration of, modify, or cancel any username or Account in its sole discretion.

Unless expressly permitted by Arena or pursuant to applicable Membership benefits, your Account is personal to you and may not be shared, sold, assigned, transferred, sublicensed, or otherwise made available to any third party. Members remain responsible for all activity conducted through their Accounts, including activity by authorized representatives, guests, or guest pass users permitted pursuant to the applicable Membership terms.

If Arena suspends or terminates your Account, Membership, or access to the Arena Services, you may not create a new Account or otherwise access the Arena Services without Arena’s prior written consent. Any rights associated with an Account are personal to the Account Holder and terminate upon the Account Holder’s death, except as otherwise expressly provided in a Membership Agreement or required by Applicable Law.

b. Membership Fee. We may charge a Membership fee or other charge together with any applicable taxes and service fees (collectively, the “Membership Fee”) for your Membership and/or to access Arena Services. Your Membership provides a limited, revocable, non-transferrable license to access the Membership Service and the Arena Services for personal, non-commercial purposes only, and only in accordance with these Terms of Use. Either Arena or our authorized vendor(s) (the “Payment Service”) will process the Payment Method. When you provide any financial and other details for the purpose of payment, you represent and warrant that you are the legally authorized user of the relevant Payment Method and are providing current, complete, and accurate information. After your original Membership expires, it will automatically renew for additional periods as set forth in your Membership Agreement. If you do not want your Membership to renew, you can cancel it before the renewal as set forth in your Membership Agreement. Membership Fees are non-refundable. But if you cancel your Membership, you will still have access to your Membership for the remainder of time you have already paid for (the “Billing Period”). You can find the specific details regarding your Membership at any time by logging in to your Account and viewing your Membership details. Arena will not be able to notify you of changes in any applicable taxes.

c. Billing. By providing a Payment Method, you are expressly agreeing that Arena or the Payment Service are authorized to charge, debit, initiate ACH transactions against, or otherwise collect payment using your Payment Method for your Membership Fee on a recurring basis corresponding to the term of your Membership, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of the Membership Service. Please note that if your Payment Method is declined, Arena or the Payment Service may attempt to charge the Payment Method multiple times to prevent your Membership from lapsing, and you hereby authorize Arena or the Payment Service to make such attempts. If debit cards are accepted as a valid Payment Method and you provide a debit card as a Payment Method, the bank or other financial institution that issued the Payment Method may impose its own fee each time the Payment Method is declined. Any dispute over such fees should be addressed with the issuer of the Payment Method. Those fees are not charged by Arena or the Payment Service, and neither Arena nor the Payment Service is responsible for refunding those amounts. If you authorize payment by ACH, wire transfer, or another bank account-based payment method, you represent and warrant that you are authorized to initiate such transactions and authorize Arena and the Payment Service to initiate debits, credits, and adjustments as reasonably necessary to process payments, correct errors, or address returned, rejected, or reversed transactions. Also be aware that, for your convenience, your Payment Method may be accessible on other websites or services owned or controlled by an Arena Affiliate where you may elect to use the same Payment Method in order to process your transaction with any such Arena Affiliate. As used in these Terms of Use, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The Membership Fee will be billed at the beginning of your Membership and in connection with every automatic renewal thereafter, unless and until you duly cancel your Membership or the Membership Service is otherwise discontinued pursuant to these Terms of Use or your Membership Agreement. The Account Holder is responsible for all charges and other activity associated with the Account.

If you want to use a Payment Method that is different from the one you used during sign-up, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your Account and viewing your Membership details. When you provide a Payment Method to access a Membership, the Payment Service will attempt to verify the information you entered. The Payment Service will do this by processing an authorization hold, which is a standard practice. If your Payment Method expires and you do not update your Payment Method information or do not duly cancel your Membership before it automatically renews, you authorize the Payment Service to continue billing, and you will remain responsible for any uncollected amounts. From time to time, the Payment Service may update your Payment Method using information from the financial institution that issued your Payment Method. Not all payment card issuers share such information. Please contact your payment card issuer for further information. The Payment Service’s collection and processing of your Payment Method for the Membership shall be governed by the terms of use/service and privacy policy of the Payment Service. Please also be aware that some Payment Methods may not support automatic payments. If we are unable to obtain a valid Payment Method, we may, in our discretion, suspend and/or cancel your Membership and access to the Membership Service without further notice.

d. Ongoing Membership. Your Membership will continue in effect unless and until you duly cancel your Membership, or the Account or the Membership Service itself is otherwise suspended or discontinued, pursuant to these Terms of Use and as set forth in your Membership Agreement. You must cancel your Membership, as set forth in your Membership Agreement, before your next payment date in order to avoid the next billing. The Payment Service will bill the renewal Membership Fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your Account information). If you duly cancel your Membership, cancellation will be effective at the end of the then-current Billing Period. PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING PERIODS. This means that you will continue to have access to your Membership for the remainder of the then-current Billing Period, but you will not receive a refund. You will also forfeit any discounts, promotional offers, service or referral credits upon cancellation. If you elect to cancel your Membership and later decide to re-join, Arena reserves the right in its discretion to impose a fee, which if applicable will be disclosed at the time you re-join and may be disclosed as part of the cancellation flow before you finalize your decision to cancel.

e. HOW TO CANCEL YOUR MEMBERSHIP.

YOU ARE RESPONSIBLE FOR CANCELING YOUR MEMBERSHIP IF YOU NO LONGER WISH TO MAINTAIN YOUR MEMBERSHIP. YOU MUST CANCEL YOUR MEMBERSHIP IN ACCORDANCE WITH THE TERMS, PROCEDURES, AND DEADLINES SET FORTH IN YOUR MEMBERSHIP AGREEMENT.

f. Unpaid Amounts. It is important that each Member honor the payment obligations to which the Member agreed. Accordingly, we reserve the right to permit the Payment Service or another third party to pursue any amount you fail to pay in connection with your Membership. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, unsuccessful transaction, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.

4. Age Limitations.

The Arena Services are intended for use by adults. Individuals under eighteen (18) years of age (or the age of majority in their jurisdiction of residence, if higher) (each, a “Minor”) may access certain portions of the Arena Services only with the involvement, supervision, and consent of a parent or legal guardian.

To create an Account, submit a Membership application, purchase a Membership, purchase any product or service through the Arena Services, or otherwise enter into a binding agreement with Arena through the Arena Services, you must be at least twenty-five (25) years of age (or the age of majority in your jurisdiction of residence, if higher) and capable of entering into a legally binding agreement.

If a Minor accesses or uses the Arena Services, the Minor’s parent or legal guardian is responsible for the Minor’s use of the Arena Services and agrees to these Terms of Use on the Minor’s behalf. Arena may require proof of age or parental authorization at any time and reserves the right to suspend or terminate access to the Arena Services if Arena reasonably believes a user does not satisfy the applicable age requirements.

Notwithstanding the foregoing, eligibility for Membership is subject to the additional age, eligibility, and approval requirements set forth in the applicable Membership Agreement, Membership Club Terms and Conditions, and any other applicable Additional Terms.

5. Limited License; Restrictions on Use

Subject to your compliance with these Terms of Use and any applicable Additional Terms, Arena grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Arena Services for your personal, non-commercial purposes. Except for the limited rights expressly granted in these Terms of Use, no right, title, or interest in or to the Arena Services, Arena Content, Membership benefits, reservations, ticket credits, events, experiences, trademarks, logos, or other intellectual property is transferred to you.

You shall not interfere with, disrupt, damage, or attempt to gain unauthorized access to the Arena Services or any systems, networks, accounts, data, or information associated with the Arena Services. Without limitation, you may not use any robot, spider, scraper, crawler, data-mining tool, automated process, or similar technology to access, monitor, copy, extract, or collect information from the Arena Services.

Unless expressly authorized by Arena in writing, you may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, transmit, sell, license, exploit, or otherwise use any Arena Content or other materials available through the Arena Services. Without limiting the foregoing, you may not use any Arena Content, data, schedules, event information, reservation information, membership information, images, text, or other materials obtained from the Arena Services for purposes of training, developing, testing, or improving any artificial intelligence, machine learning, large language model, or similar technology.

Arena reserves the right to suspend, restrict, modify, discontinue, or terminate all or any portion of the Arena Services at any time. Arena may also impose limits on certain features, functionality, Membership benefits, reservations, or other aspects of the Arena Services. Arena shall not be liable for any interruption, delay, unavailability, maintenance period, system failure, third-party service failure, or other disruption affecting the Arena Services.

The Arena Services may be unavailable from time to time due to maintenance, upgrades, equipment failures, network interruptions, security incidents, or circumstances beyond Arena's reasonable control.

6. Geographic Limitations

The Arena Services are intended for users located in the United States. Arena may limit access to certain portions of the Arena Services, Membership applications, Membership benefits, events, experiences, reservations, tickets, or other services based on geographic location. Arena reserves the right to verify your location and eligibility through technological or other means and may restrict access where Arena determines that access would be inconsistent with applicable law, venue requirements, contractual obligations, or Arena policies.

7. Ownership

You acknowledge and agree that Arena owns and retains all rights to the Arena Services. You further agree that the Content you access through or in connection with the Arena Services is owned, licensed and/or controlled by Arena or its licensors, partners, venue operators, event organizers, and other third parties. The Arena Services and the Content (including, without limitation, Membership information, Membership benefits, event and experience information, reservation information, ticket credit information, schedules, text, graphics, logos, trademarks, software, designs, photographs, videos, and other materials) are protected by copyright, trademark, and other intellectual property laws. Nothing contained in these Terms of Use or on the Arena Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Arena Services or any Content in any manner not expressly contemplated herein without the prior written consent of Arena or such third party that may own the Content or intellectual property displayed on the Arena Services. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DATA MINING, AUTOMATED COLLECTION, SCRAPING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OR MISUSE OF ANY CONTENT IS STRICTLY PROHIBITED. Any use of the Content other than as permitted by these Terms of Use will violate these Terms of Use and may infringe upon our rights or the rights of the third party that owns the affected Content.

8. No Spam

You may not use the Arena Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may employ technical measures to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you send spam, advertising, or other unsolicited communications of any kind through the Arena Services, you acknowledge that you will have caused substantial harm to Arena and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by way of liquidated damages and not as a penalty, you agree to pay Arena $50 for each actual or intended recipient of such communication.

9. No Unsolicited Communications and Submissions

Arena does not knowingly accept, via the Arena Services or otherwise, unsolicited submissions including, without limitation, submissions by you of blog ideas, event ideas, experience concepts, venue recommendations, membership program suggestions, business proposals, feature requests, marketing concepts, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Arena requests that you do not make any unsolicited submissions. If you do, please be aware that no material you send to Arena will be treated as confidential, and you agree that we shall have the right to add to, subtract from, create derivative works based on, change, revise, rearrange or otherwise edit the submission and otherwise use the submission, in whole or in part, for any purpose, and in any and all media now known or hereafter devised throughout the universe in perpetuity without attribution or compensation to you. By sending an unsolicited submission, you hereby waive the right to make any claim against Arena and its officers, directors, employees, affiliates, partners, licensors, venue operators, and event organizers, related to the submission, including, without limitation, any and all claims of unfair competition, breach of contract (express or implied in fact or in law), breach of fiduciary duty, misappropriation of ideas or breach of confidentiality.

10. Modification/Suspension/Discontinuation

Arena may modify, suspend, discontinue, or restrict access to all or any portion of the Arena Services at any time, with or without notice. Arena regularly updates and enhances the Arena Services, and features, functionality, content, event information, experience offerings, reservation tools, Membership-related features, and other aspects of the Arena Services may be added, modified, limited, or removed from time to time.

Without limiting the foregoing, Arena may conduct tests, pilot programs, beta offerings, promotional programs, or other experiments involving some or all users of the Arena Services. Arena reserves the right to determine, in its sole discretion, which users may participate in any such offering and to modify or discontinue any such offering at any time.

You acknowledge and agree that Arena shall not be liable for any modification, suspension, discontinuance, interruption, delay, or unavailability of the Arena Services. Notwithstanding the foregoing, if you are a Member, any rights relating to your Membership, Membership benefits, reservations, ticket credits, events, experiences, fees, refunds, or termination of Membership shall be governed by your Membership Agreement, Membership Club Terms and Conditions, and other applicable Additional Terms.

11. Customer Service

If we can be of help to you, please do not hesitate to contact our customer service department by emailing: club@arenavip.com. We aim to deliver first-class customer service, but in the unlikely event that a customer service representative provides information that conflicts or is inconsistent with these Terms of Use, please be aware that these Terms of Use will prevail, govern and control. Without limiting the disclosures included in our Privacy Policy, customer service calls and other interactions, including chat sessions, may be monitored, recorded and reviewed by us and our third-party providers to respond to your requests, service your Account, and for quality, training and improvement purposes. Without limiting the generality of the foregoing, the content of your interactions with customer service may be recorded and transcriptions of those recordings may be stored and retained indefinitely and used to improve the Arena Services and to train artificial intelligence technologies. By using or otherwise interacting with our customer service department and our third-party providers you expressly acknowledge and consent to such recording, retention and use.

12. Collection and Use of Personal Information

For information about Arena's policies and practices regarding the collection and use of your information, please read our Privacy Policy by visiting www.ARENAvip.com/privacy-policy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. If Arena sells, assigns or otherwise transfers all or part of its business or makes a sale or transfer of its assets or is otherwise involved in a merger or transfer of the Arena Services, in whole or in part, Arena may transfer your Account or other information to the party or parties involved in the transaction as part of that transaction.

13. Trademarks

Arena, its Affiliates, venue operators, event organizers, licensors, partners, and other third parties may own names, logos, trademarks, service marks, trade names, graphics, logos, scripts, sounds, designs, and other proprietary materials appearing on or in connection with the Arena Services (collectively, the "Marks"). All Marks are the property of their respective owners and are protected by applicable intellectual property and other laws. None of the Marks may be copied, downloaded, reproduced, distributed, displayed, modified, used, or otherwise exploited without the prior written consent of the applicable owner.

14. Disclaimer of Warranties, Limitation of Liability, and Indemnity

a. Disclaimer of Warranties.

THE ARENA SERVICES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND ARENA DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE ARENA SERVICES, MEMBERSHIPS, MEMBERSHIP BENEFITS, RESERVATIONS, TICKET CREDITS, TICKETS, EVENTS, EXPERIENCES, OR VENUES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARENA AND THE ARENA AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS 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, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARENA AND THE ARENA AFFILIATES MAKE NO WARRANTY THAT YOUR USE OF THE ARENA SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS AFFECTING THE ARENA SERVICES WILL BE CORRECTED, THAT THE ARENA SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE ARENA SERVICES, MEMBERSHIPS, MEMBERSHIP BENEFITS, EVENTS, EXPERIENCES, VENUES, RESERVATIONS, TICKETS, OR THIRD-PARTY PROVIDERS WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE ARENA AND THE ARENA AFFILIATES FROM, AND AGREE THAT ARENA AND ARENA AFFILIATES WILL NOT BE RESPONSIBLE FOR, ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE ARENA SERVICES, ANY MEMBERSHIP, MEMBERSHIP BENEFIT, RESERVATION, TICKET, TICKET CREDIT, EVENT, EXPERIENCE, OR VENUE, PROBLEMS OR TECHNICAL MALFUNCTIONS IN CONNECTION WITH THE ARENA SERVICES, ATTENDANCE AT AN EVENT OR EXPERIENCE, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THE ARENA SERVICES, ANY USER CONTENT, ANY THIRD-PARTY ADVERTISEMENT OR THIRD-PARTY SERVICE TRANSMITTED ON, THROUGH OR IN CONNECTION WITH THE ARENA SERVICES, OR THE CONDUCT OF ANY USERS OF THE ARENA SERVICES, WHETHER ONLINE OR OFFLINE (COLLECTIVELY, THE “RELEASED MATTERS”). YOUR ENGAGEMENT WITH AND USE OF ANY VENUE OPERATOR, EVENT ORGANIZER, THIRD-PARTY PROVIDER, THIRD-PARTY ADVERTISEMENT, THIRD-PARTY PROVIDER AND THE GOODS OR SERVICES PROVIDED BY ANY THIRD PARTIES IS SOLELY YOUR RESPONSIBILITY AND AT YOUR OWN RISK.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE ARENA SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW YOU ASSUME RESPONSIBILITY, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM, COMPATIBLE DEVICE OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE ARENA SERVICES.

b. Limitation of Liability.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARENA’S AND THE ARENA AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARENA OR A PAYMENT PROVIDER FOR THE ARENA SERVICES DURING THE TERM OF YOUR USE OF THE ARENA SERVICES. IF YOU ARE A MEMBER, ANY LIMITATIONS OF LIABILITY APPLICABLE TO YOUR MEMBERSHIP, MEMBERSHIP BENEFITS, RESERVATIONS, TICKETS, TICKET CREDITS, EVENTS, EXPERIENCES, OR RELATED SERVICES SHALL BE GOVERNED BY THE MEMBERSHIP AGREEMENT, MEMBERSHIP CLUB TERMS AND CONDITIONS, AND OTHER APPLICABLE ADDITIONAL TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARENA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OTHER THAN THE AMOUNT PAID, IF ANY, BY YOU TO ARENA OR ANY PAYMENT SERVICE FOR THE ARENA SERVICES DURING THE TERM OF YOUR USE OF THE ARENA SERVICES, INCLUDING ANY OTHER GENERAL, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, AND INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE ARENA SERVICES, MEMBERSHIP INFORMATION, RESERVATION TOOLS, EVENT INFORMATION, EXPERIENCE INFORMATION, OR OTHER FEATURES AVAILABLE THROUGH THE ARENA SERVICES, MEMBERSHIP INFORMATION, RESERVATION TOOLS, EVENT INFORMATION, EXPERIENCE INFORMATION, OR OTHER FEATURES AVAILABLE THROUGH THE ARENA SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF ARENA’S OR THE ARENA AFFILIATES’ ACTS OR OMISSIONS OR YOUR USE OF THE ARENA SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE ARENA SERVICES.

THE LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ARENA OR THE ARENA AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. FOR CLARIFICATION, THESE TERMS OF USE DO NOT LIMIT ARENA’S LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH, OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW WOULD PROHIBIT SUCH A LIMITATION.

BY ACCESSING THE ARENA SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

You hereby waive any and all rights you have or may have under California Civil Code Section 1542, and/or any similar provision of law or successor statute to it, with respect to the Released Matters. In connection with this waiver and release, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by these Terms of Use to release fully, finally and forever all Released Matters under these Terms of Use. In furtherance of such intention, the releases set forth in these Terms of Use shall be and shall remain in effect as full and complete releases notwithstanding the discovery or existence of any such additional or different claims or facts relevant hereto.

c. Indemnity.

You agree to indemnify and hold Arena, its current or former Affiliates, licensors, subcontractors and other partners, venue operators, event organizers, service providers, any predecessor or successor entity to any of the foregoing, and each of their respective officers, directors, employees, members, agents and partners harmless from and against any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third-party arising out of, related to or in connection with a breach (or allegation that, if true, would constitute a breach) of your representations, warranties, covenants, obligations or agreements hereunder; your violation of these Terms of Use, any applicable Additional Terms, or any Applicable Law; your use of the Arena Services and/or the Content in violation of these Terms of Use and any applicable Additional Terms; your Membership, Membership benefits, reservations, ticket credits, tickets, attendance at events or experiences, use of venues, or the conduct of your guests, invitees, or any other person using rights or benefits associated with your Account or Membership; and any misrepresentation made by you. You will cooperate as fully and as reasonably required in Arena’s defense of any claim that is subject to indemnification. Arena reserves the right to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you, and you shall not in any event settle any such matter without the written consent of Arena.

15. Removal of Material that Infringes Copyrights

Arena respects the intellectual property of others and requires that our users do the same. Arena has a policy that provides for the termination in appropriate circumstances of you and your Account of Arena Services who are repeat infringers. Arena also reserves the right to remove or disable access to any transmission of material that infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.

If you believe material on Arena Services infringes your copyright.

If you believe that any material residing on or linked to from Arena Services infringes your copyright, you must send Arena’s designated Copyright Agent a written notification of claimed infringement that contains substantially all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Arena Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an email address; (d) a 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner’s behalf; and (f) your physical or electronic signature. Arena’s Copyright Agent for notification of claimed infringement can be reached at:

Foxcorp Holdings LLC
Copyright Agent
foxdmca@fox.com
2121 Avenue of the Stars, Suite 900
Los Angeles, California 90067
Phone: 310-369-3921

Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

16. Third-Party Links and Services

The Arena Services may provide, or third parties may provide, links to other websites, apps, resources or other services created by third parties (collectively, “Third-Party Services”) including, without limitation, venue operators, event organizers, ticketing providers, payment processors, travel providers, hospitality providers, parking providers, transportation providers, and other partners or service providers. When you engage with a Third-Party Service, you are interacting with the third-party, not with Arena. If you choose to use a Third-Party Service and share information with it, the Third-Party Services may use and share your information in accordance with the Third-Party Service's privacy policy and your privacy settings on such Third-Party Service. In addition, the third-party providing the Third-Party Service may use other parties to provide portions of the apps or service to you, such as technology, development, payment, reservations, ticketing, hospitality or other services. Arena is not responsible for and makes no warranties, express or implied, as to the Third-Party Services or the providers of such Third-Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third-Party Service, the availability of any event, experience, reservation, ticket, venue access, or related services or the privacy practices thereof). Inclusion of any Third-Party Service or a link thereto on the Arena Services does not imply approval or endorsement of the Third-Party Service. Arena is not responsible for the content or practices of any websites other than the Arena Services that link to these Terms of Use, even if the website links to the Arena Services and even if it is operated by an Arena Affiliate or a company otherwise connected with Arena. By using the Arena Services, you acknowledge and agree that Arena is not responsible or liable to you for any content or other materials hosted and served from any website, mobile site or app other than Arena Services. When you access Third-Party Services, you do so at your own risk.

17. Informal Dispute Resolution Procedure, Arbitration Agreement and Class Action Waiver

So that Arena can maintain the ability to offer you and other users the Arena Services, you and we agree to the following mechanisms for resolving any “Dispute” (as defined below):

a. Dispute. The term “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any dispute, claim, demand, count, cause of action, or controversy between you and Arena, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory. The term “Dispute” specifically includes, but is not limited to, any disputes, actions, claims or controversies between you and Arena that arise from or in any way relate to or concern any Content, the Arena Services, your Account, your Membership, any advertising, marketing, promotion or publicity of the foregoing, the scope and/or applicability of this Section 17 or any other provision in or aspect of these Terms of Use or any prior versions of these Terms of Use (including their applicability and their conformance to applicable law), and any disputes related to any telephonic, text message, or any other communications either of us sent to or received from the other. The only exceptions to this Section 17 are that: (i) each of you and Arena retains the right to sue in small claims court; and (ii) each of you and Arena may bring suit in court against the other to enjoin infringement or other misuse of intellectual property rights.

b. Mandatory Informal Dispute Resolution Process. You and Arena agree that good-faith, informal efforts to resolve disputes often can result in a prompt, cost-effective, and mutually beneficial outcome. Therefore, if either you or Arena wants to bring or resolve a Dispute, you or Arena must follow the Mandatory Informal Dispute Resolution Process as a precondition to the ability to file an arbitration demand or lawsuit:

i. Notice. You or Arena must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the Arena Services to which the Notice relates, and the relief requested, including damages, if any, and a detailed calculation for them. Your Notice also must contain your email address and (if different) the email address associated with your Arena account (if you have an account with Arena). Our Notice must also be sent to your email address associated with your Arena account (if you have an account with Arena), and you consent to receive any such Notice as part of these dispute resolution terms. You and we must include in any Notice to each other a personally signed statement (from you or us—not from your or our counsel) verifying the accuracy of the contents of the Notice, and if you are represented by counsel, your signed statement authorizing Arena to disclose your Arena account details to your attorney while seeking to resolve your claim. We each must individualize our Notice, meaning it can concern only our Dispute and no other person’s Dispute. You must send your Notice to Arena by email to Arbitration-Notice@Fox.com or by mail to: Arbitration Notice of Dispute, Fox Corporation, 2121 Avenue of the Stars, Suite 1200, Los Angeles, California, 90067. In the case of a Dispute initiated by you or us, it is the sender’s responsibility to prove that the sender provided the notice in the manner that is required in this paragraph.

ii. Good Faith Effort to Informally Resolve Dispute. After receiving a completed Notice, the parties shall engage in a good faith effort to resolve the Dispute for a period of 60 days (which can be extended by agreement). You and Arena agree that, after receipt of the completed Notice, the recipient may request an individualized telephone or video settlement conference and both parties will personally attend (with counsel, if represented). You and Arena agree that the parties (and counsel, if represented) shall work cooperatively to schedule the conference at the earliest mutually convenient time and to seek to reach a resolution. If you and Arena do not reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received (or a longer time if agreed to by the parties), you or Arena may commence a proceeding as noted below.

iii. Statute of Limitations. Any limitations period for bringing a cause of action shall be tolled during the Informal Dispute Resolution Process for any action described in the Notice. Absent a further agreement between You and Arena, the tolling shall cease 60 days after receipt of the Notice.

c. Arbitration Agreement. If you and we do not resolve the Dispute within 60 days of the submission of the Notice in accordance with the Informal Dispute Resolution Process, Arena, including Arena Affiliates, agents, employees, predecessors in interest, successors, and assigns, and you agree that any Dispute between you and Arena, regarding any aspect of your relationship with Arena, will be resolved in a binding, confidential, and fair arbitration process, and not in court. Thus, you and Arena agree to give up the right to sue in court, including that you and Arena agree to waive their right to a jury trial.

d. Controlling Law Regarding Arbitration Process and Agreement to Arbitrate. These Terms of Use evidence a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of the provisions in Section 17 related to the arbitration process. The agreements in Section 17 shall survive the expiration or earlier termination of the Terms of Use. Any original action to compel arbitration under Section 4 of the FAA (or analogous state law, if allowed) must be brought in a state or federal court located in New York City, unless mandated by law to be filed in another state or federal court. If the FAA is found to not apply to any issue regarding the interpretation or enforcement of the parties’ agreement to arbitrate, then that issue shall be determined by the laws of the State of New York, without regard to the conflict of law provisions of the State of New York or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of New York. Any arbitration between you and Arena will be administered by the American Arbitration Association (“AAA”) pursuant to its then-applicable Consumer Arbitration Rules, including its Mass Arbitration Supplementary Rules and mass arbitration fee schedule, as applicable, as modified by this Section 17. The AAA’s rules and fee schedules can be found at www.adr.org. Except in the event of a Mass Filing as described in Sub-Section 17.j. below, the arbitration shall be conducted by a single, neutral arbitrator. If you and Arena cannot agree on an arbitrator, the arbitrator will be appointed pursuant to the AAA’s rules. If the AAA cannot appoint an arbitrator, a state or federal court located in New York City may do so under the FAA.

e. Alternative Arbitration Provider. If AAA is not available to arbitrate, including because it is not able to administer the arbitration(s) consistent with the rules, procedures, and terms of Section 17, including those described in Sub-Section 17.j., the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, then the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5 that is able to administer the arbitration(s) consistent with the rules, procedures, and terms of this Section 17, including, as applicable, Sub-Section 17.j. This Section 17 will govern to the extent it conflicts with the arbitration provider’s rules.

f. Filing Fee and Costs. The initiating party must pay all filing fees for the arbitration. Your and Arena’s responsibility to pay other administrative and arbitrator costs will be as set forth in the applicable arbitration provider’s rules, unless the arbitrator determines the claims or counterclaims are frivolous. If a claim or counterclaim is determined to be frivolous, the party raising the frivolous claim or counterclaim is responsible for reimbursing the responding party for its portion of all such administrative, hearing, and/or other fees incurred as a result of the frivolous claim or counterclaim.

g. Waiver of Fees and Costs. You may qualify for a waiver of certain arbitration costs under the applicable arbitration provider’s rules or other applicable law. If you meet the standard for proceeding in forma pauperis in federal court, the state court of your residence, or the state court where the arbitration is brought, cannot obtain a waiver from the arbitration provider of any filing fees you are required to pay, and the arbitration provider refuses to administer the arbitration without your payment of said fees, Arena will pay the filing fees for you.

h. You and Arena also agree to give up the ability to seek to represent, in a class action or otherwise, anyone but each of you and Arena, including in arbitration and in state or federal court. Therefore:

YOU AND ARENA MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, AND THE ARBITRATOR SHALL HAVE NO POWER TO AWARD CLASS-WIDE RELIEF. THIS PROVISION SHOULD NOT BE READ IN ANY WAY TO LIMIT POTENTIAL CONSOLIDATION UNDER SECTION 17.j(iv) OR TO LIMIT ARENA’S ABILITY TO SETTLE CLAIMS IN A CLASS, REPRESENTATIVE, OR MULTI-CLAIMANT PROCEEDING SHOULD ONE BE BROUGHT.

i. You understand there is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator must follow the dispute resolution process described in Section 17. The arbitrator has exclusive authority to resolve all issues relating to the parties’ Dispute. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), provided that they are recoverable under these Terms of Use. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us.

j. Related Cases and Mass Filings. If your Notice involves claims similar to those of at least 25 other customers, and if you and those other customers are represented by the same lawyers, or by lawyers who are coordinating with each other, or if Arena provides Notices for 25 or more similar claims or counterclaims against similarly-situated parties, within a period of 90 days or otherwise close in proximity, regardless of the number of arbitration demands that are filed with the arbitration provider pursuant to those Notices, you and we agree that these claims will be related (“Related Cases”), and this shall be called a “Mass Filing.” The following procedures will apply to all Mass Filings and will serve solely as a procedural mechanism to facilitate the administration of Mass Filings:

i. Acknowledgment of Related Cases Procedure. If you or Arena, or your or our counsel, provides a Notice that has Related Cases, then you and we agree that any arbitrations initiated pursuant to those Notices shall be subject to the additional protocols set forth in this Sub-Section 17.j. If the parties disagree as to whether a series of Notices fits within the definition of Mass Filing above, the arbitration provider shall resolve the disagreement. The arbitration provider shall regard these 25 or more Notices as part of a single Mass Filing even if fewer than 25 demands for arbitration made pursuant to those Notices are filed with the arbitration provider. You and we also acknowledge that the adjudication of the dispute may be delayed and that any applicable statute of limitations shall be tolled from the time of filing of the demand for arbitration, and pending resolution of the proceedings described in this Sub-Section 17.j. However, after 60 days of receipt of any Notice, the statute of limitations shall continue to run for claims made in Notices that are not filed with the arbitration provider, unless we both agree in writing.

ii. Initial Arbitrations. The parties shall select ten individual arbitration claims (five per side), designated the “Initial Arbitrations,” to proceed to arbitration. Only the Initial Arbitrations shall be assigned to an arbitrator. All other claims shall be held in abeyance. This means that the filing and other arbitration fees will be paid only for the Initial Arbitrations; for all other demands for arbitration, the filing fees (together with any arbitrator consideration of the other demands) will be held in abeyance, and neither You nor Arena will be required to pay any such fees. You and Arena also agree that neither you nor we shall be deemed to be in breach of this Section 17 for failure to pay any such fees, and that neither you nor we shall be entitled to any contractual, statutory, or other remedies, damages, or sanctions of any kind for failure to pay any such fees. If, pursuant to this subsection, a party files non-Initial Arbitrations with the arbitration provider, the parties agree that the arbitration provider shall hold those demands in abeyance and not refer them to the arbitrator or impose any fees pending resolution of the Initial Arbitrations. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render final awards for the Initial Arbitrations within 120 days of each of the initial pre-hearing conferences. Each Initial Arbitration shall have separate, individual final awards. Decisions in these Initial Arbitrations shall not be binding in the future consolidated arbitrations, if any.

iii. Global Mediation. Following the resolution of the Initial Arbitrations, the parties agree to engage in a global mediation of all the remaining individual arbitration claims (“Global Mediation”), deferring any arbitration costs associated with the non-Initial Arbitrations until the Initial Arbitrations and subsequent Global Mediation have concluded. After the final awards are provided to the mediator in the Initial Arbitrations, the mediator and the parties shall have 90 days to agree upon a substantive methodology and make an offer to resolve the outstanding Claims. If the Parties are unable to resolve the outstanding Claims during the Global Mediation, the unresolved Disputes may then be administered by the arbitration provider pursuant to these Terms of Use’s Consolidated Arbitration provision below and the arbitrator’s fee schedule for mass filings, unless the parties mutually agree otherwise in writing. You and we also acknowledge that any applicable statute of limitations for any cause of action brought in the demand and filed with the arbitration provider, or as otherwise agreed by you and us in writing, shall be tolled pending resolution of the Initial Arbitration and Global Mediation process.

iv. Consolidated Arbitrations. To increase the efficiency of administration and resolution of arbitrations, you and Arena agree that in the event the Initial Arbitration and Global Mediation processes described above do not resolve the Disputes, the arbitration provider will administer the remaining arbitration demands in consolidated sets. The arbitration provider shall appoint one arbitrator for each set (“Merits Arbitrator”). The arbitration provider shall administer each consolidated set of demands with one set of filing and administrative fees due per side per set, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator (“Consolidated Arbitration”). The Merits Arbitrator will issue an individual award for each separate claimant in a single set, which the arbitrator may provide, in their discretion, in a single final award, taking into account the individual nature of each demand. The set size will be determined as follows:

25–50 total demands: 5 demands per set
51–200 total demands: 10 demands per set
201–500 total demands: 20 demands per set
501–1,000 total demands: 50 demands per set
1,001–2,000 total demands: 100 demands per set
2,001–5,000 total demands: 200 demands per set
5,001–10,000 total demands: 500 demands per set
10,001+ total demands: 1,000 demands per set

v. If, after filling each set as described above, there are remaining demands that do not on their own fill a full set, those demands shall be resolved as part of their own set (e.g., if there are 53 demands, there will be 5 sets of 10 demands each and one set of 3 demands).

vi. If the arbitration provider will not administer the Consolidated Arbitrations with one set of filing and administrative fees due per side per set, then the arbitration provider’s mass arbitration fee schedule shall apply. AAA’s mass arbitration fee schedule is available on its website at www.adr.org/rules. For mass arbitrations before any other arbitration provider, if applicable, you and Arena agree that its mass arbitration fee schedule shall apply, as necessary.

k. Live Testimony. You and Arena agree to appear to testify at any arbitration hearing personally, virtually, or in another manner authorized by law or the arbitration provider. You and Arena agree that failure to appear in one of these forms to testify, constitutes consent to have the arbitrator order that the case be closed immediately for your Claim.

l. Discovery and Information Exchange. Regardless of how the arbitration proceeds, each of you and Arena shall cooperate in good faith in the exchange of non-privileged documents and information as necessary in accordance with the arbitration provider’s rules.

m. Attorney’s Fees and Fee Shifting. You and Arena may incur attorneys’ fees during the arbitration. Each side agrees to pay his, her or its own attorneys’ fees unless the claim(s) at issue permit(s) the prevailing party to be paid its attorneys’ fees, and in such instance, the fees awarded shall be determined by the applicable law(s). Notwithstanding the foregoing, if there is a finding that any claim, counterclaim, or defense to a claim or counterclaim was frivolous or was brought in bad faith or for an improper purpose, the party making such claim, counterclaim, or defense will be responsible for the attorneys’ fees and costs of the other party in responding to such claim, counterclaim, or defense.

n. Restrictions on Forms of Relief. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief, only to the extent necessary to provide relief warranted by that party’s individual claim, only as permitted by applicable law, and only to the extent that declaratory and injunctive relief are permitted by these Terms of Use. The arbitrator shall have no authority to award punitive, exemplary, multiplied or consequential damages or any other relief except those allowed under the law and these Terms of Use, including Section 14’s Limitation of Liability provisions. The arbitrator also may not order you or Arena to pay any monies to or take any actions with respect to persons other than you or Arena, respectively, unless you or Arena explicitly consents in advance, after an arbitrator is selected, to permit the arbitrator to enter such an order, as applicable.

o. Confidentiality. You and Arena agree to maintain the confidential nature of the arbitration proceeding and shall not disclose any documents exchanged as part of any mediation or arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration including but not limited to the Consolidated Arbitration process outlined in Section 23.j.iv above (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, an order confirming the award, a court proceeding where you are a necessary party, or unless otherwise required by law or court order. In keeping with the confidential nature of the arbitration, you and Arena agree that an order confirming the award is only necessary if the obligations of the award have not been performed. Therefore, before taking any steps to confirm the arbitration award, the party seeking confirmation of the award must give the other party notice of its intention to confirm the award. If the party who would be the respondent in any such confirmation proceeding performs its obligation under the terms of the arbitration award within 15 business days of such notice, the party who gave notice of its intent to confirm the award shall not seek to confirm or otherwise enforce the award.

p. Severability of Portions of Section 17. With the exception of Sub-Section 17.h. and Sub-Section 17.j. (i.e., the waiver of the ability to proceed on behalf of multiple claimants or a purported class and the Mass Filing procedure), if any part of Section 17 is deemed invalid, unenforceable, or illegal, then the balance of Section 17 shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, either or both Sub-Section 17.h. or/and Sub-Section 17.j. is found invalid, unenforceable or illegal, then the remainder of Section 17 and this paragraph shall be null and void, but the rest of these Terms of Use, including the provisions governing in which court actions against Arena must be pursued and the choice of governing law will remain in effect and apply to any claim that, for this or any other reason, proceeds in court rather than in arbitration.

q. Court Proceedings. If a court issues a decision precluding or refusing to compel arbitration of any Dispute, the Dispute must be brought in the state or federal courts located in New York City, unless otherwise mandated by law to be filed in another state or federal court. Arena shall not be prohibited from settling claims in a class, representative, or multi-claimant proceeding should one be brought.

r. Applicable Dispute Resolution Terms. You and we also agree that to provide a uniform method of dispute resolution, Arena may update these dispute resolution procedures at any time to apply to all Disputes not already yet initiated by you or us as of the date the procedures are updated. Thus, you and we must initiate any Dispute under the version of Arena’s dispute resolution procedures that is current as of the date you or we initiate the Dispute, whether or not the Dispute is based on alleged conduct that occurred before the dispute resolution procedures were updated or whether we no longer serve you. Arena’s dispute resolution procedures, including any updates to them, will remain publicly accessible for review by all current and former users. If this provision is deemed invalid, inapplicable, unconscionable, or otherwise unenforceable, you and we are required to resolve our Disputes through the last version of Arena’s dispute resolution procedures to which we are deemed to have agreed.

18. Limitation on Time to Bring a Claim

YOU AND WE AGREE THAT ANY CAUSE OF ACTION YOU OR WE MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE ARENA SERVICES, ANY APPLICABLE ADDITIONAL TERMS, MEMBERSHIPS, MEMBERSHIP BENEFITS, RESERVATIONS, TICKETS, TICKET CREDITS, EVENTS, EXPERIENCES, VENUES OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION AND THE CONDUCT COMPLAINED OF SHALL BECOME INCONTESTABLE AND THE ABILITY TO PURSUE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

19. Governing Law and Choice of Forum

These Terms of Use will be governed by, and construed in accordance with, the internal laws of the United States of America and the State of New York, without regard to the conflict of law provisions of the State of New York or any other jurisdiction that would cause the application of the laws of any jurisdiction other than those of the State of New York.

Except with respect to Disputes to be resolved through the process in accordance with Section 17 above, you and Arena agree to submit to the exclusive jurisdiction of the federal or state courts located in New York City, unless otherwise mandated by law, to resolve any Dispute arising out of or relating to these Terms of Use, the Arena Services, or any applicable Additional Terms.

YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE, THE ARENA SERVICES, OR ANY CONTENT.

20. General Information

a. United States Jurisdiction. Arena is based in the United States of America and the Arena Services are hosted in the United States. Arena makes no representation that you will be able to access the Arena Services in any particular jurisdiction, either within or outside of the United States. Arena makes no representation that the Content, Memberships, Membership benefits, events, experiences, reservations, tickets, or any Arena Services are appropriate or available for use in any particular jurisdiction. If you use the Arena Services from a jurisdiction other than the United States, you agree that you do so of your own initiative, and you are responsible for complying with local laws as applicable to your use of the Arena Services.

b. Export Controls. Software available in connection with the Arena Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Arena Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. By accessing the Arena Services, you confirm that you are not subject to sanctions imposed by the U.S., and you are not considered by the Office of Foreign Assets Control (OFAC) to be a specially designated national.

c. No Waiver/Reliance. The failure of Arena to exercise or enforce any right or provision of these Terms of Use will not operate as a waiver of such right or provision. If we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party. Further, Arena's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy. Even if Arena acts in a way that appears to you to be inconsistent with these Terms of Use, Arena's action shall not be deemed a waiver or constructive amendment of these Terms of Use.

d. If you become aware of any violation of these Terms of Use, any applicable Additional Terms, or any misuse of the Arena Services, we encourage you to notify Arena using the contact information made available through the Arena Services. Precisely how Arena responds to any alleged violation will depend upon the facts and circumstances of the particular situation. You may not rely upon Arena's response to any particular violation or situation as an indication of how Arena may respond to any other violation or situation, even if the circumstances appear similar.

21. Other

The Paragraph or Section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Except as otherwise expressly provided herein, if any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

You agree that any notices Arena may be required by Applicable Law to send to you will be effective upon Arena’s sending an e-mail message to the e-mail address you have on file with Arena or publishing such notices on the informational page(s) of Arena Services. Additionally, from time to time, we may communicate with you about the Arena Services and these Terms of Use electronically (e.g., emails to your registered email address, notices on the Arena Services and other access points). You consent to receive electronic communications from Arena and further agree that any notices, agreements, disclosures, and other communications that we send to you electronically will satisfy any applicable legal notification requirements. We recommend that you keep a copy of any electronic communications we send to you for your records. Beyond that, to the extent permitted by Applicable Law, you also consent to receive electronic promotional messages, offers, surveys and other materials. You acknowledge and agree that such promotional texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Agreeing to receive these promotional texts is not a condition of purchasing any goods or services. If at any time you no longer want to receive promotional communications, you can opt out by following the instructions provided in the message.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Arena as a result of these Terms of Use or your use of the Arena Services. These Terms of Use are an agreement between you and Arena and are personal to you and no third party is entitled to enforce or benefit under it.

A printed version of these Terms of Use and of any notice related to it shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent as contracts or other business documents and records originally generated and maintained in printed form.

Nothing contained in these Terms of Use limits Arena’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Arena Services or information provided to or gathered by us in connection with such use.

These Terms of Use, along with the Privacy Policy, the Membership Agreement, any applicable Additional Terms, and any other policies expressly incorporated into these Terms of Use by reference, constitute the entire agreement between you and Arena with respect to the subject matter hereof and supersede all prior or contemporaneous written or oral agreements between us with respect to the subject matter hereof. These Terms of Use may not be amended, nor any obligation waived, except in writing by an authorized representative of Arena.

If you would like to contact us with any questions regarding these Terms of Use, please contact us by emailing club@arenavip.com.

BY ACCESSING THE ARENA SERVICES, YOU CONFIRM THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.