Website Terms of Use
Last Updated: April 17, 2026
1. Introduction
Discovery & Legal Technology Association (the “Association,” “we,” “our,” or “us”) is pleased to provide you with the website located at www.dlta.legal (the “Site”). These Terms of Use (“Terms”), together with any terms expressly incorporated by reference, including our Privacy Policy [LINK], govern your access to and use of the Site.
By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not access or use the Site.
PLEASE NOTE THAT THESE TERMS CONTAIN A DISPUTE RESOLUTION PROVISION THAT REQUIRES ARBITRATION, WAIVES YOUR RIGHT TO TRIAL BY JURY, AND WAIVES YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING IN THE EVENT OF DISPUTES, AS SET OUT IN MORE DETAIL BELOW.
2. Purpose of the Site
The Site is provided for informational, educational, and research‑related purposes in support of the Association’s mission, including:
. Dissemination of studies, reports, and research;
. Industry education and dialogue; and
. Coordination of Association initiatives, working groups, and events.
The Association is a neutral, non‑commercial organization and does not provide eDiscovery services or compete with its members.
3. Eligibility and Availability
The Site is intended for use by Association members and by professionals, organizations, and other parties with a legitimate interest in the Association’s activities.
In order to access the Site, the following must be true:
. You are 18 years of age or older; and
. You live in the United States and in a state or territory where the Site is made available.
If you do not meet these requirements, you must not access or use the Site. You understand and agree that satisfying the above requirements does not guarantee that you will receive access to the Site. In addition to the above requirements, the Association reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.
The Association is based in the United States. We provide the Site for use only to individuals and organizations located in the United States. We make no claims or representations that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
4. Relationship to Other Terms and Policies
Our Privacy Policy describes in detail our online information practices and how we gather, use, share, and protect your information when you use, access, or visit the Site. By accessing or using the Site, you agree to our information collection and use practices as disclosed in our Privacy Policy. You may review the Privacy Policy by clicking on the above link.
If there are additional terms associated with a specific online service or portion of the Site, you will be presented with those additional terms at the time you access the online service or portion of the Site (the “Additional Terms”). Those Additional Terms supplement these Terms and are incorporated herein. To the extent there is any conflict between these Terms and any Additional Terms, the Additional Terms shall control with respect to the specific online service or portion of the Site provided subject to those Additional Terms.
5. Restrictions on Use
You may use the Site only for lawful purposes and in accordance with these Terms. You will comply with all applicable laws, including any and all laws in your relevant states and localities, pertaining to the use of the Site. You agree not to use the Site, Association materials, or member interactions:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries and antitrust and competition laws);
. To exchange pricing, cost, or bidding information, discuss current or future commercial strategies, coordinate market behavior; or otherwise restrict or distort competition;
. To impersonate or attempt to impersonate us, our employees, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); and
. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or other users of the Site or expose them to liability.
Additionally, you agree not to:
. Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site, including his or her ability to engage in real time activities through the Site;
. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent;
. Use any device, software, or routine that interferes with the proper working of the Site;
. Introduce any viruses, Trojan horses, worms, logic bombs, keystroke logging, or other material which is malicious or technologically harmful;
. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Site, the server on which the Site is stored or hosted, or any server, computer, or database connected to the Site;
. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack; and
. Otherwise attempt to interfere with the proper working of the Site.
6. Information You Provide
When you submit information through the Site, including contact information or requests for access to Association materials, you represent that:
. The information is accurate and provided voluntarily.
. You have authority to provide business contact information on behalf of your organization (if applicable).
. You understand and consent to the uses and disclosures described in the Privacy Policy.
Submission of information does not create membership, affiliation, or any contractual relationship beyond those expressly stated.
7. Sharing and Use of Contact Information
If you affirmatively consent to such sharing, certain business contact information may be shared with Association members as described in the Privacy Policy.
By receiving contact information through the Association:
. Members agree to use it solely in connection with Association‑related activities.
. Contact information may not be used by Association members for:
. Commercial marketing;
. Sales solicitation;
. Competitive intelligence; or
. Benchmarking or market coordination.
. Members are responsible for complying with applicable privacy, competition, and other laws when using shared information.
8. Intellectual Property
The Site and all content on the Site, including, but not limited to, studies, reports, text, images, graphics, logos, and compilations, are owned, controlled, or licensed by the Association, our licensors, suppliers, or other third parties who have licensed their materials to us and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or propriety rights laws. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and we reserve all rights not expressly granted herein. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The Association’s names and logos and all related product and service names, brand colors, design marks, and slogans are the trademarks or service marks of the Association. No trademark or service mark license is granted in connection with the materials contained within the Site. Access to the Site does not authorize anyone to use any Association names, logo, or mark in any manner.
Except as expressly permitted:
. Content may not be reproduced, distributed, or used for commercial purposes without written permission.
. Association studies may be cited or shared consistent with any stated usage terms, provided attribution is maintained.
9. No Reliance; No Professional Advice
Materials provided through the Site are for informational and educational purposes only, do not constitute legal advice, and are not guaranteed to be complete, correct, or up-to-date. The Site may contain typographical errors, inaccuracies, or other errors or omissions. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting us using the contact details provided in Section 24 “Contact Information.”
The Association does not provide legal, technical, or professional advice. Users should not rely on Association materials as a substitute for independent analysis or professional judgment.
10. Third-Party Links and Services
The Site may include links to third‑party websites or services. The Association does not control or endorse such third parties and is not responsible for their content or practices. Accessing third‑party resources is at your own risk.
References or links to Association members, including links to members’ websites or social media pages, are provided for identification and informational purposes only. Inclusion of a member name or link does not constitute an endorsement, recommendation, or evaluation of the member’s products or services, and does not imply any commercial relationship beyond Association membership.
The privacy practices of linked sites and services could be different from those of the Association. If you access third-party linked sites or services from the Site, you are solely responsible for the access and use of the third-party linked sites/services.
11. Social Media and Third-Party Platforms
The Association may maintain a presence on third-party platforms, including LinkedIn. Participation on those platforms is voluntary and subject to the terms and policies of the platform provider. The Association does not control content posted by users, does not monitor private communications, and does not endorse statements or interactions occurring on third-party platforms.
12. Security
We implement reasonable and appropriate security measures to protect your information from loss, misuse and unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in processing and the nature of such data, and comply with applicable laws and regulations. However, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the internet. Also, no data transmission over the internet is 100 percent secure. You should take appropriate precautions to protect personal and confidential information, and to use the Site and your devices or applications in a secure and responsible manner. You, not the Association, are responsible for the security of your devices and your transmission of information over the internet, and if you have any concerns about the transmission of your information over the internet, you should use other means of communication.
13. Disclaimer of Warranties
You understand and agree that we do not provide any warranty with respect to the Site. Instead, you agree that your use of the Site is at your own risk and that the Site and its content are provided “as is” and “as available,” with all faults, and with no representations or warranties of any kind, either express or implied, including with respect to the completeness, security, reliability, quality, accuracy, or availability of the services.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE ASSOCIATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITATION TO THE ABOVE, THE ASSOCIATION DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, NEEDS, OR REQUIREMENTS, AND (V) ANY ERRORS ASSOCIATED WITH THE SITE WILL BE CORRECTED.
THE ASSOCIATION IS NOT RESPONSIBLE FOR ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE COMPANY (ISP), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE ASSOCIATION OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
You understand that the Association cannot guarantee that use of our Site will be free from technological difficulties including, but not limited to, unavailability of information, downtime, service disruptions, viruses, or worms. Additionally, you understand that we cannot and do not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of damage input and output, anti-virus protection, and for maintaining a means external to our Site for any reconstruction of any lost data
14. Indemnification
You agree to indemnify and hold harmless the Association, its licensors, and its service companies from and against any and all claims and expenses, including attorneys’ fees, whether made by you, or on your behalf, or by any third party arising out of your use of or access to the Site, including but not limited to claims arising out of (i) your violation of these Terms; (ii) your violation of any third-party right including any copyright, trademark, trade secret, or privacy right; and (iii) any misrepresentation made by you. You agree to promptly notify the Association and cooperate fully with the Association in the defense of any claim. The Association reserves the right to assume the exclusive defense and control of any claim indemnified under this section by you.
15. Waiver, Release, and Limitation of Liability
You agree that, to the maximum extent permitted by law, the Association, any licensor or supplier, or any third party who promotes or provides a link to the Site shall not be liable to you for any indirect, incidental, consequential, punitive, lost profits, or special damages, losses, fees, charges, expenses, or liabilities related to the operation of or your access and use of the Site or reliance on its content.
TO THE FULLEST EXTENT PERMITTED BY LAW, WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT, CONSEQUENTIAL, AND OTHER DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS TO AND USE OF THE SITE OR RELIANCE ON ITS CONTENT THAT RESULT FROM ANY ACT OR OMISSION OF THE ASSOCIATION, ANY ASSOCIATION LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SITE SHALL BE LIMITED TO THE FEES PAID BY YOU DURING THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR IF NO FEES WERE PAID OR PAYABLE BY YOU FOR SUCH PERIOD, $100.00.
THE ABOVE LIMITATIONS AND EXCLUSIONS TO LIABILITY APPLY REGARDLESS OF THE TYPE OF DAMAGES OR CLAIMS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR CLAIMS RELATED TO (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE, OR LOSS OF DATA; OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, OR DELAYS IN OPERATION OR TRANSMISSION, OR (III) ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO YOUR RECORDS, PROGRAMS, OR SERVICES, OR (IV) OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THE SITE OR ITS CONTENTS. YOU AGREE THAT THIS LIMITATION APPLIES EVEN IF THE ASSOCIATION, ANY LICENSOR OR SUPPLIER, OR ANY THIRD PARTY WHO PROMOTES OR PROVIDES A LINK TO THE SITE IS NEGLIGENT OR HAS BEEN ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF SUCH DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES.
THE PARTIES AGREE THAT THE EXCLUSIONS OF REMEDIES AND LIMITATIONS SPECIFIED IN THIS SECTION ARE ESSENTIAL TERMS, WITHOUT WHICH THE SERVICES WOULD NOT BE OFFERED, ARE A REASONABLE ALLOCATION OF RISK, AND APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE EXTENT THE ABOVE LIMITATION OF LIABILITY IS RESTRICTED UNDER LAW, THE ABOVE LIMITATION SHALL BE APPLIED TO THE MAXIMUM EXTENT PERMITTED UNDER SUCH LAW.
16. Term and Termination
The Association can decide to suspend, restrict, limit, or terminate your access to its Site with or without a warning, at any time, and for any reason, in the Association’s sole discretion. YOU AGREE THAT WE ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF ANY FEATURE OR COMPONENT OF THE SITE. The Association can also assign its rights under the Terms to any other party at any time without notice to you. The provisions of Sections 1 (Introduction), 13 (Disclaimer of Warranties), 14 (Indemnification), 15 (Waiver, Release, and Limitation of Liability), 19 (Governing Law), and 22 (Dispute Resolution) will survive any suspension, restriction, limitation, or termination of access to the Site.
17. Accessing the Site
We reserve the right to withdraw or amend the Site, and any material we provide on the Site, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or the entirety of the Site.
18. Changes to the Terms
The Association may update these Terms at any time, in its sole discretion, without notice to you, and such modifications will be posted here. The “Last Updated” date indicates when changes were made and became effective. You agree to review these Terms regularly because you will be bound by any changes made, and your continued use of the Site after changes become effective constitutes agreement to the updated Terms.
19. Governing Law
You and the Association agree that your access to the Site and these Terms, and any dispute between you and the Association relating to your use of the Site and these Terms, will be governed by and construed in accordance with the laws of the District of Columbia, without regard to its conflicts of law rules, except for the Dispute Resolution provision in Section 22 below. The Association makes no representation that the information and materials on our Site is appropriate or available for use in locations outside of the United States.
20. Severability and No Waiver
No waiver by the Association of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition, and any failure by the Association to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any part of these Terms is held invalid or unenforceable, it will be so held to the minimum extent required by law, or removed from the Terms, and except as set forth in Section 22 (Dispute Resolution), all other parts of these Terms are still valid and enforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms with a valid and enforceable provision that will achieve, to the fullest extent possible, the economic, business, and other purposes of such invalid or unenforceable provision.
21. Entire Agreement
These Terms constitute the entire agreement between you and the Association pertaining to the subject matter hereof. They supersede all other agreements, communications, or representations, oral or written, between us, past or present.
22. Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND THE ASSOCIATION TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND THE ASSOCIATION FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND THE ASSOCIATION AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. THE ASSOCIATION AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY'S CLAIMS.
FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 22(J), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS AGREEMENT.
A. Claims This Section Applies To. The dispute resolution and binding arbitration terms in this Section 22 (the “Agreement”) apply to all Claims between you and the Association. A “Claim” is (i) any dispute, claim, or controversy (excluding those exceptions listed below) between you and the Association, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, that either party wishes to seek legal recourse for and that arises from or relates to these Terms or the Site, including any privacy or data security claims, or claims related to the validity, enforceability, or scope of the arbitration requirement or any portion of it; (ii) any dispute, claim, or controversy that is presently the subject of purported class action litigation in which you are not a member of a certified class; and (iii) any dispute, claim, or controversy that may arise after termination of these Terms.
B. Informal Dispute Resolution Prior to Arbitration. If you have a Claim against the Association or if the Association has a Claim against you, you and the Association will first attempt to resolve the Claim informally in order to try and resolve the Claim faster and reduce costs for both parties. You and the Association will make a good-faith effort to negotiate the resolution of any Claim for 45 days, or such longer period as mutually agreed in writing (email suffices) by the parties, (“Informal Resolution Period”) from the day either party receives a written notice of a dispute from the other party (a “Claimant Notice”) in accordance with this Agreement.
You will send any Claimant Notice by certified mail addressed to Discovery & Legal Technology Association, Attn: Executive Director, 1828 L Street NW, Suite 1070, Washington, DC 20036 or by email to info@dlta.legal. The Association will send any Claimant Notice to you by certified mail or email using the contact information you have provided to the Association. The Claimant Notice sent by either party must (i) include the sender’s name, address, email address, and telephone number; (ii) describe the nature and basis of the Claim; (iii) set forth the specific relief sought; and (iv) include your handwritten signature or the handwritten signature of an Association employee, as applicable, depending on which party is initiating the Claim. A Claimant Notice shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Claimant Notice by any other user of the Site.
During the Informal Resolution Period and before we may commence arbitration of a dispute, we agree to meet and confer by telephone or by videoconference in a good faith effort to resolve the dispute informally (the “Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the Informal Dispute Resolution Conference, but you must also personally participate in the Informal Dispute Resolution Conference.
The party initiating the dispute agrees to provide a notice of intent to initiate the Informal Dispute Resolution Conference (“Notice of Conference”) as follows: the Notice of Conference must include the following information: your name, telephone number, mailing address, email address associated with your account (if you have one), the name, telephone number, mailing address, and email address of your counsel (if any), and whether you intend to have the conference by telephone or by video conference. The Notice of Conference must be mailed to the Association by certified mail return receipt requested to Discovery & Legal Technology Association, Attn: Executive Director, 1828 L Street NW, Suite 1070, Washington, DC 20036 or by email to info@dlta.legal. A Notice of Conference shall be individualized such that it may only pertain to you and you alone, and may not be combined with a Notice of Conference by any other user of the Site. A user of the Site may, but is not required to, combine in one mailing a Claimant Notice and a Notice of Conference.
The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. You or the Association cannot proceed to arbitration before the end of the Informal Resolution Period. If you or the Association file a Claim in court or proceed to arbitration without complying with the requirements in this Section 22, including waiting until the conclusion of the Informal Resolution Period, the other party reserves the right to seek relief from a court to enjoin the filing and seek damages from the party that has not followed the requirements in this Section 22 to reimburse it for any arbitration fees and costs already incurred as a foreseeable consequence of that breach.
The statute of limitations and any filing fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim so that the parties can engage in this informal dispute-resolution process.
C. Claims Subject to Binding Arbitration. Except for individual disputes that qualify for small claims court (provided that the small-claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property or intellectual property rights of you or the Association, including any disputes in which you or the Association seek injunctive or other equitable relief for the alleged unlawful use of your or the Association’s intellectual property or other infringement of your or the Association’s intellectual property rights (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 22(B) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.
D. Binding Individual Arbitration.The sending of a Claimant Notice and the completion of an Informal Dispute Resolution Conference are conditions precedent to our respective right to commence arbitration. Accordingly, if, but only if, we are unable to resolve a dispute within 30 days after the Informal Dispute Resolution Conference is completed, we may commence arbitration pursuant to the procedures in this Agreement. No arbitration may commence or proceed until the requirements set forth in Section 22(B) (above) are fully satisfied.
The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. If the parties cannot agree to a mutually agreeable arbitration organization, one shall be appointed pursuant to Section 5 of the Federal Arbitration Act (“FAA”). In all events, the AAA Rules shall govern the parties’ dispute. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1 800-778-7879. The AAA Rules may change from time to time, and you should review them periodically.
The arbitrator shall be bound by the terms of this Agreement and shall follow the applicable law. In this regard, the arbitrator shall not have the power to commit errors of law or legal reasoning, and any award rendered by the arbitrator that employs an error of law or legal reasoning may be vacated or corrected by a court of competent jurisdiction for any such error.
This Agreement affects interstate commerce, and the enforceability of this Section 22 will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, this Agreement, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or the Association to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
We agree that, by entering into this Agreement, we are each waiving the right to a trial by jury or to participate in a class action to the maximum extent permitted by law.
E. Arbitration Procedure and Location. You or the Association may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with AAA in accordance with the AAA Rules.
Instructions for filing a demand for arbitration with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration by certified mail addressed to Discovery & Legal Technology Association, Attn: Executive Director, 1828 L Street NW, Suite 1070, Washington, DC 20036 or by email to info@dlta.legal. The Association will send any demand for arbitration to you by certified mail or email using the contact information you have provided to the Association.
The arbitration will be conducted by a single arbitrator in the English language. You and the Association both agree that the arbitrator will be bound by this Agreement.
Unless the parties agree in writing, any arbitration hearings will take place in the county (or parish) of your billing address.
At either party’s election, arbitration of any dispute shall proceed pursuant to the Desk Arbitration rules of the AAA, unless both parties are represented by counsel.
Prior to the appointment of a merits arbitrator, either party may request the appointment of a process arbitrator to determine: (i) whether the conditions precedent set forth in paragraph B of this Section 22 have been satisfied; (ii) whether AAA’s filing requirements have been satisfied; (iii) the applicable arbitration agreement; (iv) the applicable AAA rules that apply; (v) the allocation of payment advances on administrative fees, arbitrator compensation, and/or expenses; (vi) any other issue agreed to be addressed by the process arbitrator; and (vii) any other issue regarding the administration of the arbitration.
If the process arbitrator makes an initial determination that the dispute is frivolous or brought in bad faith, it shall allocate all AAA and arbitrator fees and expenses to the party who initiated the arbitration. If the merits arbitrator subsequently determines that the claims were not frivolous, the Association will reimburse any AAA filing, administration and arbitrator fees that were paid by you.
If the merits arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to AAA and, at the arbitrator’s discretion, an award of reasonable attorney’s fees and costs.
F. Arbitration Fees. After the Association receives notice that you have commenced arbitration, the Association will promptly reimburse you for your payment of the filing fee. If you are unable to pay this fee, the Association will pay it directly upon receiving a written request from you. Except as otherwise provided for herein, the Association will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the terms of this Agreement.
G. Offers of Settlement.Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable to a party than the latest written offer of settlement that party did not accept, that party must pay all costs and fees—including arbitration, attorney, and expert fees—incurred by the other party after the written settlement offer was made. The terms of any settlement offer may not be disclosed to an arbitrator until after the arbitrator issues a decision or award on the Claim.
H. Confidentiality. If you or the Association submits a Claim to arbitration, you and the Association agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of discovery in the arbitration. You and the Association agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
I. Mass Arbitration. WE AGREE THAT IN THE EVENT THAT MASS ARBITRATION IS ATTEMPTED OR SOUGHT, SUCH ARBITRATION SHALL BE ADMINISTERED PURSUANT TO THE FOLLOWING RULES.
1. “Mass Arbitration” means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other.
2. In the event that Mass Arbitration is attempted or sought involving 250 arbitration demands or less, we agree the arbitration provider shall: (i) group the arbitration demands into batches of no less than 25 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
3. In the event that Mass Arbitration is attempted or sought involving over 250 arbitration demands, we agree that the arbitration provider shall: (i) group the arbitration demands into batches of no less than 250 arbitration demands per group; and (ii) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch.
4. All Mass Arbitration shall be subject to all other substantive and procedural terms contained within this Agreement.
5. We agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for Mass Arbitration with regard to resolution, fees, and administration.
6. If any part of this Section 22(I) related to Mass Arbitration is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this Section 22(I) and this Agreement shall be enforced to the maximum extent permitted by law.
7. If the arbitration provider is unwilling or unable to follow the procedures set forth in this Section 22(I) with regard to Mass Arbitration, the parties may attempt to retain a different, mutually agreeable and widely-recognized arbitration organization that will agree to follow the procedures set forth in this Section 22(I). In the event that the parties are unable to retain or agree to such an alternative arbitration provider, the alternative dispute resolution provisions set forth in this Agreement shall not apply to those disputes within the Mass Arbitration
J. Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted this Agreement by emailing info@dlta.legal. To be effective, the opt-out notice must include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By not opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 22.
K. Rejection of Future Arbitration Changes. You may reject any change we make to Section 22 (except address changes) by sending us notice of your rejection within 30 days of the change via email at info@dlta.legal. Changes to Section 22 may only be rejected as a whole, and you may not reject only certain changes to Section 22. If you reject changes made to Section 22, the most recent version of Section 22 that you have not rejected will continue to apply.
L. Severability. If any portion of this Section 22 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from this Agreement; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 22 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 22; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with this Agreement, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 22 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 22 will be enforceable.
M. Delegation. All issues are for the arbitrator to decide including, but not limited to, (i) all issues regarding arbitrability, (ii) the scope and enforceability of this arbitration provision as well as the Agreement’s other terms and conditions, (iii) whether you or the Association, through litigation conduct or otherwise, waived the right to arbitrate, (iv) whether all or any part of the arbitration provision or Agreement is unenforceable, void, or voidable including, but not limited to, on grounds of unconscionability, (v) any dispute regarding the payment of arbitration-related fees, (vi) any dispute related to the Claimant Notice, Notice of Conference, and/or Informal Dispute Resolution Conference, and (vii) any dispute related to Mass Arbitration (defined above).
Pursuant to this Agreement, the arbitrator has been delegated with, and possesses, exclusive authority to resolve all of the above-enumerated types of disputes. However, if putative class or representative claims are initially brought by either party in a court of law, and a motion to compel arbitration is brought by any party, the court shall have the power to decide whether this agreement permits class or representative proceedings.
23. Limitation of Time to File Claims
Any action, claim, or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law. The one-year period begins when the claim or notice of dispute first could be filed. If an action, claim, or dispute is not filed within one year, it is permanently barred.
24. Contact Information
Questions regarding these Terms may be directed to:
Discovery & Legal Technology Association
1828 L Street NW, Suite 1070
Washington, DC 20036
info@dlta.legal