AGREEMENT TO THE FOLLOWING TERMS OF USE IS REQUIRED PRIOR TO USING THE ARBITRATION PRICING CALCULATOR APP (the "App")

Last Modified: December 2021

These Terms of Use, along with all other notices and disclaimers in this App, incorporated herein by reference (collectively the “Terms”) state the terms and conditions under which you may use this App and all content made available on or through the App. By accessing or using the App in any way, you agree to follow and be bound by the Terms. If you do not agree to the Terms, you may not access or use the App. The Terms are subject to change from time to time by Reed Smith, in which case the “Last Modified” date will change. You should check the Terms each time you use the App to determine if any changes have been made. By using the App you agree to be bound by the Terms.

Reed Smith LLP is a limited liability partnership under the laws of the State of Delaware, USA. and is associated with, or affiliated with other “Reed Smith” entities (collectively “Reed Smith” or “we”).

THE TERMS LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE AS SET FORTH IN MORE DETAIL BELOW.

The Arbitration Pricing Calculator App is for general informational purposes only; it is not intended to constitute legal advice and may not be relied on as such. The App is not a substitute for advice from qualified legal advisers and other professionals.

No Attorney-Client Relationship

Your use of the App does not create an attorney–client relationship between you and Reed Smith. If you wish Reed Smith to act for you, our acceptance of instructions or the establishment of an engagement will be subject to our business on-boarding systems which include appropriate conflict checks followed by written engagement terms with you.

Confidentiality and Data Use

When you access the App, we do not track or store personal information about you other than your name, email address, your preferred default arbitral institution and preferred default currency. We may record the number of users of the App and general App use information for analytical purposes and to periodically improve the App. This data is aggregated to allow us to review, and monitor use of, the App. If you email us, either directly to one of our named lawyers or to ArbPricingCalc@ReedSmith.com, you should not send us any confidential information as any information you provide will not be privileged or confidential between us unless you are separately a client of Reed Smith and the communication otherwise meets standards for privilege or confidential protection.

Trademarks, Copyright & Database Rights

Copyright in the content of the Arbitration Pricing Calculator (including, without limitation all images, illustrations, designs, icons, photographs, video clips, trademarks, service marks, the “look” and “feel,” color combinations, button shapes, layout, design, graphical elements, arrangement of items, written and other materials that appear on the App, HTML and other code and all copyrightable or otherwise legally protectable elements) and all database rights (collectively, the “Content”) are owned by Reed Smith or its licensors or contributors and are legally protected under intellectual property laws. The modification, copying, distribution or incorporation into any other work of part or all of any site or its Content in any form is prohibited. All product names, names of services, trademarks and service marks (“Marks”) are the property of Reed Smith, or the property of their respective owners or contributors, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by the Terms. All rights are reserved.

Acceptable Use

As a condition of use, you agree not to use the App for any purpose that is prohibited by the Terms or by applicable law.

You agree not to access the App: (i) by any means other than through the interface that is provided by Reed Smith for use in accessing the Service; (ii) through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or (iii) by forging or manipulating identifiers in order to disguise the origin of any access to the App.

Use of the App Calculator

Where outside links are provided in the App, materials provided at the linked sites are solely the responsibility of the linked site owner. Reed Smith makes no endorsements and no warranty regarding, and takes no responsibility for, content made available by any linked provider.

Calculations and Information

All calculations and information provided with respect to an arbitration institution, its schedule of fees, practice notes, rules and any other information (“Institution Details”) are provided for informational purposes only. Reed Smith does not represent, warrant or guarantee the accuracy of any of the calculations or Institution Details provided by the App. Calculations and Institution Details can be verified with arbitration institutions by contacting them directly.

Use of an arbitration institution’s name or logo in the App does not imply endorsement of the App or the correctness of the calculations or Institution Details.

Arbitration institutions update their Institution Details from time to time. The versions of an arbitration institution’s rules, schedule of fees and practice note used by the App are set out in the detailed calculations section of a search result. We will update the App to reflect updated Institution Details as soon as possible upon their publication. You agree Reed Smith is not responsible for any delay between the publication of such Institution Details by an institution, corresponding updates to the App or your downloading of any such update of the App.

Privacy

Please read our Privacy Policy for information on how we use personal information at reedsmith.com.

No Advertising or Solicitation

The App or some of its content may be deemed an ADVERTISEMENT in certain jurisdictions, so we are required to note that prior results do not guarantee a similar outcome and that each representation has unique facts and circumstances that may impact results.

Comments

You acknowledge and agree that any content forms, questions, comments, suggestions, feedback, ideas, plans, notes, drawings, original or creative materials or other information or materials that you provide to us relating to the App (“App Contributions”) are not confidential and shall become the property of Reed Smith. Reed Smith shall own, and you hereby assign to Reed Smith, all exclusive rights, including all intellectual property rights, and Reed Smith shall be entitled to the unrestricted use and dissemination of such App Contributions, commercial or otherwise, without compensation to you.

Termination

Reed Smith reserves the right, without notice and in its sole discretion, to terminate your license to use the App, and to block or prevent your future access to the App.

Indemnification

You agree to defend and indemnify Reed Smith (including its related entities, partners, members, directors, employees or agents) (the “Indemnified Parties”) against all claims, demands, or actions (collectively "Claims") arising from or incurred as a result of your use of the App or your breach of these Terms and you shall indemnify and hold the Indemnified Parties harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claims and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claims.

Disclaimer and Limitation of Liability

We refer you the provisions in our Terms and Conditions at reedsmith.com which apply to all our Sites, the definition of which shall include the App, which limit our obligations for the App and our liability to you. Without limiting the foregoing, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOUR USE OF THIS APP IS AT YOUR OWN RISK, AND THE INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. REED SMITH, AND ANY OTHER REED SMITH ENTITIES, THEIR MEMBERS, PARTNERS OR DIRECTORS, EMPLOYEES AND AGENTS (TOGETHER “REED SMITH PERSONS”) AND OTHER CONTRIBUTORS TO THE APP EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT) RELATED TO THIS APP AND ITS CONTENT.

Terms Applicable to Apple iOS Users

The following terms are applicable solely if, and to the extent, you use the Services on an Apple iOS device:

  • Acknowledgement: This Terms of Use is concluded between you and us only, and not with Apple LLC (“Apple”). We, not Apple, are solely responsible for the App and the content thereof.
  • Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  • Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the App, as specified in the Terms, or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
  • Product Claims: We, not Apple, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The Terms do not limit our liability to you beyond what is permitted by applicable law.
  • Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Developer Contact: Any questions, complaints or claims with respect to the App should be directed to Reed Smith at the email address listed below.
  • Third Party Terms of Agreement: You must comply with applicable third-party terms of agreement when using the App, e.g., if you use the App through a social network, you must not be in violation of the social network agreement or terms of use when using the App.
  • Third Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms and will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

Further Information

Questions regarding the Terms or notifications of any errors should be directed to the Privacy Administrator at Reed Smith, by email, or by mail In the United States to 225 Fifth Avenue, Pittsburgh, PA 15222.