Deliberize

Terms of Service

Last updated: April 26, 2025

title: Deliberize™ Terms of Use description: The advanced platform for legal professionals to analyze jury deliberations with AI-powered insights lastModified: 2025-04-26 version: 1.0

Website Terms of Use

Welcome

Welcome to DELIBERIZE! Deliberize™ is an AI-powered platform designed specifically for assisting legal professionals in making assessments with regard to jury selection and deliberations, as well as overall case strategy such as witness selection or the question of whether to settle or litigate. Deliberize provides the capability to analyze mock trial videos and transcripts with AI-driven insights, track juror sentiment, and make data-driven decisions through our applications, websites, platforms, content, products, and services (individually and collectively, the “Services”). The Services are owned and operated by DELIBERIZE LLC (“DELIBERIZE”, “Company”, “we,” “us,” or “our”).

Acceptance of the Terms of Use

These terms of use are entered into by and between you and DELIBERIZE and its parents, subsidiaries, representatives, affiliates, officers, and directors, and form an agreement between the same. Wherever used in these Terms, “you”, “your”, or similar terms mean a person or legal entity accessing or using a DELIBERIZE Service; “registered user” means a person or legal entity accessing or using a DELIBERIZE Service who has also created an account with DELIBERIZE**;** and “Customer” means a person or legal entity accessing or using a DELIBERIZE Service who is a registered user and also has paid for additional features, tools, licenses, or content. If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.

The following terms and conditions ("Terms of Use") govern your access to and use of https://www.deliberize.com/ and its subdomains, along with any of our other related websites, applications, and services where this Terms of Use is posted (each individually and collectively referred to as the “Website”), including any content, functionality, and Services offered on or through the Website, whether as a guest or unregistered user, a registered user, or a Customer.

PLEASE READ THESE TERMS CAREFULLY BEFORE YOUR START TO USE THE WEBSITE, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND DELIBERIZE. BY ACCESSING OR USING THE WEBSITE OR A DELIBERIZE SERVICE, OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF USE WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU CONFIRM YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS WELL AS OUR PRIVACY POLICY, LOCATED AT https://app.deliberize.com/privacy. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES. EXCEPT AS PROVIDED HEREIN, THESE TERMS EXPRESSLY SUPERSEDE PRIOR AGREEMENTS OR ARRANGEMENTS WITH YOU. DELIBERIZE MAY IMMEDIATELY TERMINATE THESE TERMS OR ANY SERVICES WITH RESPECT TO YOU, OR GENERALLY CEASE OFFERING OR DENY ACCESS TO THE SERVICES OR ANY PORTION THEREOF, AT ANY TIME FOR ANY REASON.

IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH DELIBERIZE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

This Website and Services are offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

DELIBERIZE’s collection and use of personal information in connection with the Services is described in DELIBERIZE's Privacy Policy, located at https://app.deliberize.com/privacy.

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 Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you.

Licenses Granted by DELIBERIZE

Subject to your compliance with these Terms of Use and all applicable laws and regulations:

Free License

DELIBERIZE grants you a limited, personal, non-exclusive, non-sublicensable, non-assignable, revocable, non-transferable license to access and use the Service, solely to (1) create an account with Deliberize to become a registered user; and (2) create one or more “projects” within that account, wherein a “case” is a court case, litigation matter or similar; provided, however, that you may not upload any “User Content” to the case for analysis unless and until you become a paid Customer and all other terms and conditions set forth herein are met. “User Content” is defined further below and refers to content submitted to the Website by Customers for analysis by Deliberize.

Paid License

DELIBERIZE further grants to paid Customer, subject to the terms and conditions set forth herein including payment, the right to (3) upload User Content to a case for analysis by Deliberize using the tools and functionality provided by DELIBERIZE; and (4) store and use any content provided to Customer by DELIBERIZE (“DELIBERIZE content”) as part of the Service, wherein “DELIBERIZE content” includes analysis, reports, feedback, presentations, and the like. “Use” by a Customer includes the limited business purpose of sharing, streaming, distributing, or displaying DELIBERIZE content with others in your organization, or with attorneys, clients, or other personnel involved in the same case.

Seat License

DELIBERIZE further grants to paid Customer, subject to the terms and conditions set forth herein including payment, the option to (5) purchase a “Seat License” which enables the Customer to share a case with another registered user. When a Seat License is purchased for a registered user, the registered user is granted access to a case that the Customer has already purchased an analysis for. The registered user is however not permitted to upload User Content to the case for analysis.

Any rights not expressly granted herein are reserved by DELIBERIZE

Access and Use of the Services

User Accounts

In order to use some aspects of the Services, such as creating a user account with Deliberize and creating one or more projects within that account, you may be required to register for and maintain an active personal user Service account.

DELIBERIZE may associate certain information you provide through the Services, such as name, phone number, and email address, to an internal account maintained by DELIBERIZE in order to provide you with our Services. In all projects an account associated with you, whether created by you directly or internally (whether temporary or permanent) by DELIBERIZE, is referred to herein as an "Account".

Account registration requires you to submit to DELIBERIZE certain personal information, such as your name, address, mobile phone number, email address, age, and organization. Customers will also be required to submit at least one valid payment method supported by DELIBERIZE. To the extent applicable, you agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including, for Customers, having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. Unless otherwise permitted by DELIBERIZE in writing, you may only possess one Account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason if, in our opinion, you have violated any provision of these Terms of Use.

Text Messaging and Telephone Calls

You agree that DELIBERIZE may contact you by telephone, e-mail, or text message (including by an automatic telephone dialing system) at any of the phone numbers or e-mails provided by you or on your behalf in connection with a DELIBERIZE account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any goods or services. You also understand that you may opt out of receiving e-mail or text messages from DELIBERIZE at any time by contacting legal@deliberize.com. You cannot, however, opt out of receiving emails relating to your account with us and/or our paid services, including receipts and purchase confirmations. If you do not choose to opt out, DELIBERIZE may contact you as outlined in its User Privacy Policy, located at https://app.deliberize.com/privacy.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. DELIBERIZE does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications

Online Purchases and Pricing (Applicable to DELIBERIZE Customers Only)

You may purchase DELIBERIZE’s Services in accordance with the following Pricing Tiers. Our separate Pricing Schedule sets forth the actual amounts for each tier.

A. Base fee per project per analysis. This is the fee for a single, initial analysis run of a piece of User Content (audio/video or transcript) submitted by Customer. For audio/video this includes up to 120 minutes of User Content submitted by Customer for analysis in the same project, and one (1) initial analysis by Deliberize, plus up to 25 “chatbot queries” as defined below

The Base Fee Analysis includes: transcription, summary, key insights, trial strategy recommendations, recommended trial graphics, key topics and entities, jurors, transcript analysis (textual analysis such as word frequency), suggested voir dire questions (including reasoning, desirable answers, undesirable answers), and the ability to download up to 10 clips from the video uploaded as User Content, with an additional fee per clip after that.

Please note the following further conditions:

(i) The User Content submitted by Customer for analysis must relate to the same project or matter, that is, the piece of User Content includes one or more jury deliberations or juror interviews involving one specific fact pattern or issue. Combining multiple unrelated projects or deliberations into one “project” is a violation of these Terms (see “Violation” below).

(ii) The video or audio submitted as User Content for analysis must be set at a playback rate of 1x meaning that the video or audio is played at its normal or original speed. Customers are prohibited from uploading video or audio at any playback rate other than 1x.

(iii) If a Customer submits a corrected transcript before re-processing, the corrected transcript must be a corrected version of the original transcript and cannot include another transcript or transcript portion relating to a separate deliberation.

B. Additional fee per minute for analyzing User Content (audio/video) having a runtime that exceeds 120 minutes.

C. Fee for a separate analysis of another piece of User Content (audio/video or transcript) submitted in the same project, for each additional separate analysis run per additional piece of User Content.

D. Additional chatbot queries, per per additional 25 queries.

E. Fee per Seat License. As explained above, a Seat License enables the Customer to share a project with another registered user, who is then granted access to the project, although the registered user is not permitted to upload User Content to the project for analysis.

Notes:

“Chatbot query”: Deliberize includes a Transcript Assistant feature, in which a user can query an AI which reviews the transcript of the jury deliberations and responds to the query.

Violation: In the event that Customer breaches these Terms, DELIBERIZE reserves the right to immediately terminate or suspend Customer’s account, including Customer’s access to or use of the Services, without refunding any fees paid, as well as seek damages including damages for lost profits or other economic harm caused by the breach.

Payment

If you choose to make any order for purchase, you acknowledge that you will not receive a Service that you ordered until you make the requisite payment. You accept responsibility for all payment obligations that you agreed to, according to the terms of the Pricing Schedule to which you agreed. If you have placed an order for purchase, DELIBERIZE will charge your payment method at the time and in the amount(s) ordered.

All prices in the Pricing Schedule do not include any applicable sales, use, excise or any other tax. Any applicable taxes will be added at time of invoicing and DELIBERIZE Customers agree to pay same. DELIBERIZE reserves the right to terminate access to or use of the Services in accordance with these terms. Payments are final and non-refundable, unless otherwise determined by DELIBERIZE.

Ownership and Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, AI and machine learning features, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by DELIBERIZE , its licensors, or other providers of such material and are or may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Services and all rights therein are and shall remain DELIBERIZE's property or the property of DELIBERIZE's licensors. Neither these Terms of Use nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the licenses granted herein; or (ii) to use or reference in any manner DELIBERIZE's company names, logos, product and service names, trademarks or service marks or those of DELIBERIZE’s licensors.

DELIBERIZE Content Limited License Grant to Customer – Permitted Uses and Restrictions

These Terms of Use permit you to use the Website and Services for your personal, non-commercial use only, except that paid Customers may share DELIBERIZE content with others in their organization, or with attorneys, clients, or other personnel involved in the same case. Otherwise you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, license, sell, resell, transfer, transmit, stream, or broadcast, or otherwise exploit any of the material on our Website or from our Services except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may store, copy, or print the DELIBERIZE content for use in connection with the case.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website, except for the limited business purposes of sharing DELIBERIZE content with others in your organization, or with attorneys, clients, or other personnel involved in the same case.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: legal@deliberize.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Services in breach of the Terms of Use, your right to use the Website and Services will stop 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 Website or Services or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or 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.

Prohibited Uses of the Website

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation.
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To use or distribute any information obtained from the Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
  • To engage in criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, defamation, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement, or theft of trade secrets;
  • To post without authorization private information of any person.
  • To engage in, encourage, or facilitate conduct that includes modifying, adapting, translating, altering, reverse engineering, copying, decompiling, reverse assembling, disassembling, unencrypting, unhashing, or creating derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. patent law) from any portion of the Services or the data or technology underlying their operation.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use below.
  • To impersonate or attempt to impersonate the Company, a Company employee or agent, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or Services.
  • Link to, mirror, or frame any portion of the Website or Services.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, 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 Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Otherwise attempt to interfere with the proper working of the Website.
  • Use the Website or Services in a manner inconsistent with these Terms or applicable law.

User Content and Limited User Content License Grant to DELIBERIZE

The Website may contain interactive features (collectively, "Interactive Services") that allow users to transmit, upload, post, submit, publish, or display (hereinafter, "post") content or materials (collectively, "User Content") to, on, or through the Website. User Content may include audio and video of mock jury deliberations, transcripts, or other content.

All User Content must comply with the Content Standards set out in the Terms of Use below.

Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content to, on, or through the Website, you grant DELIBERIZE and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a limited license to use, reproduce, modify, delete from, add to, combine with other content, perform, display, distribute, and otherwise disclose to third parties any such material solely for the purpose of providing and improving the Services. The license you grant to DELIBERIZE is non-exclusive, fully-paid and royalty-free, sublicensable, and worldwide.

DELIBERIZE does not claim any ownership rights in the User Content that you transmit or submit to DELIBERIZE, through or in connection with the Services. After transmitting or submitting User Content through or in connection with the Services, you continue to retain any such rights that you may have in your User Content, subject to the limited license granted herein.

You represent and warrant that:

  • You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
  • All of your User Content do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.

You understand and acknowledge that the internet, and the technology of the Company and third parties used to enable it, may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to store or analyze any User Content for any or no reason in our sole discretion, including User Content that violates the Content Standards set out below.
  • Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material submitted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Investigate and take appropriate action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or Services.
  • Terminate or suspend your account (if any), your access to all or part of the Website, or any Services, for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting or posting any materials to, on, or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is submitted or posted to, on, or through the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards (Including Prohibited Content)

These Content Standards apply to any and all User Content and use of Interactive Services. User Content must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Content must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Exploit people in a sexual or violent manner.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy located at https://app.deliberize.com/privacy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the Website 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 Website, or by anyone who may be informed of any of its contents.

Content Retention

We retain copies of User Content and DELIBERIZE content to the extent we deem necessary to carry out the activities described herein. We reserve the right to delete such content after a time period determined in our sole discretion. We strongly advise you to retain all copies of such content at your end. You agree that DELIBERIZE is not liable to you or any third party for deleting such content, and we will not refund any payments on this basis.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy at https://app.deliberize.com/privacy. By using the Website and Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website contains 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 Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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. TO THE FULLEST EXTENT PROVIDED BY LAW, 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 WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

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 RELIANCE ON, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, THE COMPANY WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE WEBSITE OR SERVICES ARE UNAVAILABLE AT ANY TIME FOR ANY PERIOD. ANY CONTENT ON 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.

THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND THE COMPANY’S REASONABLE CONTROL.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

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 (i) your violation of these Terms of Use, (ii) your use of the Website, including, but not limited to, your User Content, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, (iii) your use of any information obtained from the Website, (iv) the Company’s use of your User Content as set out herein, or (v) your violation of the rights of any third party

Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of New York, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement below or in supplemental terms applicable to your region. However, the choice of law provision regarding the interpretation of these Terms is not intended to create any other substantive right to non-New York residents to assert claims under New York law whether that be by statute, common law, or otherwise. These provisions, and except as otherwise provided, are only intended to specify the use of New York law to interpret these Terms and the forum for disputes asserting a breach of these Terms, and these provisions shall not be interpreted as generally extending New York law to you if you do not otherwise reside in New York. The foregoing choice of law and forum selection provisions do not apply to the arbitration clause in the below Arbitration Agreement or to any arbitrable disputes as defined therein. Instead, as described in the below Arbitration Agreement, the Federal Arbitration Act shall apply to any such disputes.

Arbitration Agreement

We hope that the Parties will be able to resolve a dispute through informal negotiations, but sometimes a dispute arises that cannot be resolved in this manner.

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against DELIBERIZE on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against DELIBERIZE, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against DELIBERIZE by someone else.

1. Agreement to Binding Arbitration Between You and DELIBERIZE

A. You and DELIBERIZE agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and DELIBERIZE, and not in a court of law.

B. You acknowledge and agree that you and DELIBERIZE are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and DELIBERIZE otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and DELIBERIZE each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

2. Rules and Governing Law.

A. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at <www.adr.org> or by calling the AAA at 1-800-778-7879.

B. The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.

C. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.

3. Process.

A. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at <www.adr.org> or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of New York and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.

4. Location and Procedure.

A. Unless you and DELIBERIZE otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and DELIBERIZE submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

5. Arbitrator's Decision.

A. The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. DELIBERIZE will not seek, and hereby waives all rights DELIBERIZE may have under applicable law to recover attorneys' fees and expenses if DELIBERIZE prevails in arbitration.

6. Arbitrator Fees.

A. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed (one thousand dollars) $1000, DELIBERIZE will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

7. Changes.

A. Notwithstanding the provisions in Section 1 (Welcome) and Section 2 (Accepting These Terms of Use) above, regarding consent to be bound by amendments to these Terms, if DELIBERIZE changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing DELIBERIZE written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o DELIBERIZE LLC, or (b) by email from the email address associated with your Account to: legal@deliberize.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and DELIBERIZE in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

8. Severability and Survival.

A. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such material claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

Waiver and Severability

General

You may not assign these Terms without DELIBERIZE’s prior written approval. DELIBERIZE may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of DELIBERIZE's equity, business, or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you and DELIBERIZE as a result of these Terms or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. DELIBERIZE's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DELIBERIZE in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.

Notice

DELIBERIZE may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or telephone). You may give notice to DELIBERIZE, with such notice deemed given when received by DELIBERIZE, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o DELIBERIZE LLC to:

Registered Agent: NORTHWEST REGISTERED AGENT LLC.

418 BROADWAY

STE N

ALBANY, NY, 12207

Copy: legal@deliberize.com

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