PARTICIPATION AGREEMENT

The subscribing lawyer agrees with ZapJury:

1. Participation requirements. Participation is limited to lawyers admitted to the practice of law, or persons working under the supervision of such a lawyer. All materials posted through a ZapJury Office must be approved by such a lawyer.

2. Confidentiality. ZapJury agrees not to divulge any materials posted on its website through a ZapJury Office to anyone except ZapJury jurors who have agreed to maintain confidentiality of such materials.

3. Use of summary data. ZapJury may compile general summaries of data submitted by participating lawyers and jurors in such a way that neither any submitting lawyer nor any case of such a lawyer can be identified. Such summaries shall be used to measure the effectiveness of the ZapJury system and to inform participating lawyers about trends in juror
attitudes, and may in ZapJury’s discretion be released to the general public.

4. No scouting of opponents. The services offered by ZapJury assist in the creation of materials which are in the nature of work product of an attorney. The confidentiality of this information must be respected by all lawyers, whether subscribers or not. Participating lawyers may not search for ZapJury cases posted by opponents in pending cases of the participating lawyer, or use anyone else, such as a juror, to do so. Any non-participating lawyer who does so shall be barred from participation in the ZapJury system thereafter.

5. Monitoring. ZapJury may monitor postings and submissions by participating lawyers and jurors in order to insure compliance with this agreement and general law. Such submissions may be divulged to law enforcement or a court if ZapJury reasonably believes a violation of law has occurred.

6. Disclaimers. ZapJury does not represent or warrant that the ZapJury website will be error-free, free of viruses or other harmful components; or that defects will be corrected within a reasonable time unless notice of such errors is given to ZapJury. ZapJury is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation,
slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any content submitted or posted by any participating lawyer or juror. The services of ZapJury are provided on an “as is” basis, and ZapJury expressly disclaims all warranties, including merchantability,
fitness for a particular purpose and non-infringement, and all responsibility for any loss of any kind resulting from the use of the ZapJury website.

7. Hold harmless provision. The subscribing attorney agrees to hold ZapJury harmless from all claims arising from use of the ZapJury website by the subscribing attorney, including attorney’s fees.