Terms of Service
Last updated June 6, 2026
Version 2026-06-06. By checking “I agree” at signup, connecting a mailbox, installing the Clipper, or otherwise using DealStratum (the “Service”) you agree to these Terms and to our Privacy Policy, incorporated by reference. If you do not agree, do not use the Service.
1. Agreement to These Terms; Who We Are
1.1 The Parties. These Terms are between you (“you,” “User,” or “Customer”) and DealStratum, LLC, a Florida limited liability company with its principal place of business at 124 N Nova Rd #118, Ormond Beach, FL 32174 (“DealStratum,” the “Company,” “we,” “us”). DealStratum operates dealstratum.com, the DealStratum web application, the browser extension (“Clipper”), and all related features and services (the “Service”).
1.2 Acceptance / Clickwrap Assent. By clicking “I agree,” “Continue to payment,” or a similar button, by checking a box indicating acceptance, by connecting a mailbox or account, by installing or using the Clipper, or by otherwise using the Service, you affirmatively acknowledge that you have read, understood, and agree to be bound by these Terms and the Privacy Policy, and you consent to transact electronically. We record your acceptance — including the version accepted, the date and time, and associated account and technical metadata — as a record of your assent.
1.3 If You Do Not Agree. If you do not agree, you must not access or use the Service.
1.4 Authority; On Behalf of an Entity. If you accept on behalf of a company, fund, or other entity, you represent that you have authority to bind it, and “you” refers to that entity. You may not accept these Terms if you are a competitor intending to use the Service for benchmarking or replication, except with our prior written consent.
1.5 Eligibility. You must be at least 18 and able to form a binding contract. The Service is for business and professional use by buyers, sponsors, searchers, funds, and advisers, is offered only to users located in the United States, and is not directed to consumers for personal, family, or household purposes, or to children.
1.6 Changes. See Section 21 for how we modify these Terms and how material changes are handled.
2. The Service
2.1 What the Service Is. DealStratum is a software platform for sourcing and managing business-acquisition opportunities. Depending on your plan it may include a deal CRM; AI-assisted deal screening and analysis; a feed that aggregates publicly listed business-for-sale opportunities (“Deal Feed”); off-market owner sourcing and contact-research tools (“Traces”); outreach tools that send and manage email from a mailbox you connect; physical direct-mail tools fulfilled through a third-party vendor; a searchable directory of business brokers and advisers (“Directory”); and the Clipper. Features, limits, availability, and pricing may change over time.
2.2 No Guarantee of Results. The Service is a tool. We do not guarantee that you will find, source, contact, win, close, or finance any acquisition, that any deal will be available or accurate, that any contact information is current, that any outreach will be delivered or answered, or that you will achieve any particular result. All outcomes depend on your own judgment, effort, diligence, and decisions.
2.3 Beta and New Features. Features identified as beta, preview, or early access are provided “as is,” may change or be withdrawn at any time, and may be excluded from any service commitments.
3. Accounts; Connected Accounts and Mailboxes
3.1 Account Registration. You must provide accurate, current, and complete information and keep it updated. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately at hello@dealstratum.com of any unauthorized use.
3.2 Connected Email / Mailbox. Certain outreach features require you to connect a mailbox by providing an application-specific password (“App Password”). You understand and agree that: (a) connecting a mailbox grants the Service access to send email from, and read email in, the connected mailbox to operate the outreach, threading, reply-detection, and follow-up features you enable, and that an App Password may grant access to your entire mailbox, including messages unrelated to the Service; (b) you are the sender and advertiser of record for every message sent from your connected mailbox through the Service — the content, recipients, timing, cadence, and lawfulness are your responsibility, and DealStratum provides transmission and drafting tools only; (c) you represent that you have the right to connect the mailbox and to send the communications you send, in compliance with the mailbox provider’s terms and all applicable laws (see Section 9); and (d) we connect over your email provider’s encrypted send/receive protocols under your provider’s standard terms, use mailbox data only to provide the user-facing features you enable, and do not use it for advertising.
3.3 Suspension and Termination. We may suspend, restrict, or terminate your account or any feature if you violate these Terms, if we reasonably suspect fraud, abuse, security risk, or unlawful use, or as otherwise described in Section 13.
4. No Professional, Investment, Brokerage, Legal, or Tax Advice
4.1 Software Only. DealStratum is a software provider. It is not a broker, broker-dealer, investment adviser, M&A broker, business broker, real-estate broker, finder, appraiser, valuation firm, law firm, accounting firm, tax adviser, or consumer reporting agency, and it does not act as your agent or fiduciary.
4.2 No Advice. No content, output, score, flag, “fit” rating, valuation, estimated value or range, deal summary, AI analysis, screening verdict, or directory entry constitutes, or should be relied upon as, legal, financial, tax, accounting, valuation, appraisal, brokerage, securities, or investment advice, or a recommendation to buy, sell, finance, or refrain from any transaction. The Service does not facilitate the offer or sale of securities and is not a means of soliciting investors.
4.3 AI Output. AI-assisted features (including deal screening, scoring, summarization, and the Clipper’s extraction) are generated by automated systems and third-party AI providers, may be inaccurate, incomplete, biased, or outdated, and may “hallucinate.” AI output assists your own analysis only and is not a substitute for independent professional diligence, judgment, and verification.
4.4 Valuation Estimates. Any valuation, value range, or “what’s it worth” output (including from the /sell tool) is a rough, automated, illustrative estimate from limited inputs. It is not an appraisal, a fairness opinion, a formal valuation, or a guarantee of any price, buyer, sale, or outcome, and must not be relied upon for any transaction, financing, tax, or reporting purpose.
4.5 Your Responsibility. You are solely responsible for your acquisition, financing, outreach, and business decisions and for obtaining independent advice from qualified, licensed professionals before acting. You assume all risk arising from your reliance on the Service.
5. Subscriptions, Free Trials, Credits, Auto-Renewal, and Billing
5.1 Plans and Fees. The Service is offered under subscription plans and usage-based credits (for example, contact-research credits and pay-per-letter mail credits) at the prices and terms presented at the point of sale. Current pricing is at /pricing. Fees are in U.S. dollars and exclusive of taxes, which you are responsible for.
5.2 Payment Processor. Payments are processed by a third-party payment processor. You authorize us and our payment processor to charge your payment method for all amounts due, including recurring fees, taxes, and credits or add-ons. Card and billing information is handled by the payment processor under its terms; we do not store full card numbers.
5.3 Free Trials (Card Required). Where a free trial is offered, a payment method is required to start. You are not charged during the 14-day trial. When the trial ends, your payment method is automatically charged the then-current price for the plan you selected, on the billing interval shown at the point of sale, unless you cancel before the trial ends. The trial duration, the date it ends, and the price and interval that will apply on conversion are disclosed clearly and conspicuously at the point of sale before you start.
5.4 Automatic Renewal; Cancel Anytime. (a) Your subscription automatically renews — unless you cancel before the end of the current billing period, it renews for successive periods of the same length and your payment method is automatically charged the then-current renewal fee at the start of each period until you cancel. (b) How to cancel: you may cancel at any time in the billing/account-settings area of the Service, using the same medium you used to subscribe and without contacting a representative or completing retention steps. Cancellation stops future renewal charges; by default it takes effect at the end of your current paid period, you retain access until then, and you may reactivate before it ends. Cancelling does not, by itself, delete your workspace data — permanent deletion occurs only if you separately request account deletion (Section 13). (c) Affirmative consent: by starting a paid subscription or a trial that converts, you affirmatively consent to the recurring charges, interval, and amount disclosed at the point of sale, and we retain a record of your consent.
5.5 Credits. Usage-based credits are prepaid and consumed as you use the corresponding features. Credits have no cash value, are not transferable, and may not be redeemed for cash except where required by law. Consumed credits are non-refundable. Unused prepaid credits remain available while your account is active; their treatment on account deletion is described at the point of sale and in your settings.
5.6 Non-Refundable. Except where required by law or expressly stated at the point of sale, all fees and consumed credits are non-refundable, including any unused portion of a billing period if you delete your account before it ends. Mail and other third-party costs already incurred on your behalf are non-refundable once incurred.
5.7 Price Changes. We may change prices, plan features, and credit pricing prospectively. We will notify you of a subscription price increase before it takes effect; the new price applies on your next renewal unless you cancel.
5.8 Failed Payments; Chargebacks. If a charge fails, we may retry, suspend paid features, or downgrade your account. Initiating a chargeback for amounts properly owed is a breach of these Terms, and we may suspend or terminate your account.
5.9 Billing Disputes. Questions or disputes about a charge should be sent to hello@dealstratum.com within 60 days of the charge. The statement descriptor on your payment statement is DEALSTRATUM.
6. The Deal Feed and Aggregated Listing Information
6.1 What It Shows; Source. The Deal Feed presents information about businesses publicly listed for sale, organized and filtered for your buy box. We present limited factual fields (such as listing title, location, industry, asking price, and high-level financial figures) together with a link to the original source listing. We may add, change, or remove any source at any time.
6.2 Third-Party Information; “As Is.” Deal Feed and listing information originates with third parties. We do not own or control it, do not guarantee its accuracy, currency, completeness, or availability, and provide it “as is” and “as available” for informational purposes only. Inclusion of a listing does not imply our affiliation with, sponsorship by, or endorsement by any marketplace, broker, or seller, and we are not affiliated with, endorsed by, or acting on behalf of any of them. You must verify all listing information directly with the source and the responsible broker or seller before relying on it.
6.3 Your Use. You may use Deal Feed and listing information only for your own internal evaluation of acquisition opportunities. You may not redistribute, resell, sublicense, publish, or build a competing dataset or product from it, and you are responsible for complying with the terms of any source marketplace or broker when you contact a seller or broker.
7. The Broker Directory — Aggregated Public Information
7.1 Source. The Directory is compiled from publicly available information gathered from publicly available sources. Entries consist of business-contact and professional information about brokers and advisers (such as name, firm, location, public website, and areas of practice).
7.2 “As Is”; No Endorsement. We do not claim ownership of, and make no representations about, third-party information in the Directory. Entries are provided “as is” for informational purposes. Inclusion does not imply affiliation with, sponsorship by, or endorsement by the listed broker or any source, or that the broker endorses or is affiliated with DealStratum or any user.
7.3 Broker Opt-Out. If you are a broker or adviser and wish to be removed, use our removal request page at /directory-opt-out. We honor verified removal requests promptly and record your opt-out so we can keep you out going forward.
7.4 Other Individuals. If you are an individual whose information appears in the Service (as a broker or as a business owner identified through Traces) and you wish to opt out or request deletion, you may submit a request by contacting hello@dealstratum.com or using our owner/recipient opt-out page. Our handling of such requests, and any rights you may have under applicable privacy and data-broker laws, is described in our Privacy Policy.
8. Acceptable Use; Data and Scraping Covenants
You agree that you and anyone acting on your behalf will not:
- Unlawful or infringing use. Use the Service to violate any law or any third party’s rights, including privacy, publicity, intellectual-property, anti-spam, telemarketing, anti-harassment, consumer-protection, fair-credit, or data-protection rights.
- Misuse of contact and owner data. Use any contact, owner, Trace, or Directory information (a) to harass, stalk, threaten, defame, dox, intimidate, or defraud anyone; (b) for any purpose governed by the Fair Credit Reporting Act (FCRA) — the Service is not a consumer reporting agency, its information is not a “consumer report,” and you may not use it to determine eligibility for credit, insurance, employment, or housing; (c) for any purpose prohibited by the DPPA, GLBA, or similar laws; or (d) to build, train, enrich, or supplement any independent contact database or data product, or to resell or redistribute the information.
- Outreach abuse. Send unsolicited or unlawful communications, including any that violate CAN-SPAM, the TCPA, state anti-spam or telemarketing laws, or opt-out/do-not-contact requests (see Section 9).
- Scraping and bulk export. Scrape, crawl, harvest, bulk-download, mirror, or systematically copy the Service, Directory, Deal Feed, or other Service data, or use any bot or automated means to access the Service, except through interfaces and limits we expressly authorize in writing; or circumvent any rate limit, access control, or security measure.
- Reverse engineering and competition. Reverse engineer the Service (except where law prohibits this restriction), or use it to build, benchmark for, or assist a competing product.
- Confidential deal material. Upload or process confidential information (including any CIM or NDA-protected material) unless you have the right to do so and not in violation of any confidentiality obligation you owe a third party.
- Security and integrity. Introduce malware; probe or test the Service’s vulnerability; gain unauthorized access; impersonate anyone; or interfere with the Service.
We may publish a separate Acceptable Use Policy, incorporated by reference. Violation of this Section 8 is a material breach and may result in immediate suspension or termination and give rise to your indemnification obligations (Section 16).
9. Outreach Communications (Email and Direct Mail)
9.1 You Are the Sender. For all outreach you send through the Service — whether email from your connected mailbox or physical mail through our vendor — you are the sender, initiator, and advertiser of record. You determine the recipients, content, and cadence, and you are responsible for the lawfulness of each communication.
9.2 Your Compliance Obligations. You represent and covenant that each communication will comply with all applicable laws, including, where applicable: (a) CAN-SPAM — a functioning opt-out, honoring opt-outs, accurate header/subject information, and a valid physical postal address; (b) the TCPA and state telemarketing/do-not-call laws; and (c) applicable anti-spam, consumer-protection, and privacy laws.
9.3 Compliance Tooling; Suppression. For automated, template-based campaign sends, the Service appends your business postal address and an opt-out line, adds a List-Unsubscribe header, and automatically suppresses a recipient who replies to opt out. These are deliverability and compliance aids; they do not make us the sender and do not relieve you of your obligations. You may not send to any person who has opted out, and you must respect any platform-level suppression we apply. Personal, in-thread replies you send yourself are your own communications.
9.4 Direct Mail. Physical mail is fulfilled through a third-party vendor using the return name and address you provide; you are responsible for their accuracy and lawfulness. Postage and vendor costs incurred on your behalf are non-refundable once incurred.
9.5 Our Role. DealStratum provides drafting, transmission, scheduling, and management tools only; that does not make us the sender of your communications, and you will not represent that we are.
10. Your Content and License to Us
10.1 Your Content. “Your Content” means data, documents, deal information, notes, contacts, messages, and other materials you submit to or generate in the Service. As between you and us, you retain all rights you have in Your Content.
10.2 License. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process Your Content, and to create and use aggregated or de-identified data derived from it, solely to operate, secure, support, and improve the Service and as described in our Privacy Policy. This license ends when Your Content is deleted, except for de-identified or aggregated data and backups retained as described in the Privacy Policy.
10.3 Your Representations. You represent that you have all rights necessary to submit Your Content and grant this license, and that Your Content and your use of it do not violate any law or third-party right.
10.4 AI Input/Output. You are responsible for materials you submit to AI features. Subject to these Terms and our agreements with AI providers, output generated for you is yours to use, but is provided without warranty and subject to Sections 4 and 14. Similar output may be generated for others.
11. Intellectual Property; Feedback
11.1 Our IP. The Service — including its software, design, interface, text, graphics, logos, the “DealStratum” name and marks, and the selection, arrangement, and compilation of data — is owned by the Company or its licensors and protected by law. Factual data and third-party content are not owned by us.
11.2 Limited License to You. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription. We reserve all rights not expressly granted.
11.3 Restrictions. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works of the Service itself, or remove proprietary notices, except as expressly permitted.
11.4 Feedback. If you give us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use it for any purpose.
12. Copyright; DMCA Notice and Repeat-Infringer Policy
12.1 We respect intellectual-property rights and respond to clear notices of alleged copyright infringement under the DMCA, 17 U.S.C. § 512.
12.2 Notice. If you believe content available through the Service infringes your copyright, send a written notice to our Designated Agent including the elements required by 17 U.S.C. § 512(c)(3): identification of the work and the allegedly infringing material and its location, your contact information, a good-faith-belief statement, a statement under penalty of perjury that the information is accurate and you are authorized to act, and your signature.
12.3 Designated Agent. DealStratum, LLC, 124 N Nova Rd #118, Ormond Beach, FL 32174, hello@dealstratum.com. (Registration of the Designated Agent with the U.S. Copyright Office is pending.)
12.4 Counter-Notice and Repeat Infringers. We may remove or disable access to allegedly infringing material and forward notices to affected users, who may submit a counter-notice as permitted by § 512. We maintain a policy of terminating, in appropriate circumstances, the accounts of repeat infringers.
13. Term, Suspension, Termination, and Data Deletion
13.1 Term. These Terms apply while you access or use the Service and continue for as long as you have an account.
13.2 Your Cancellation. You may cancel at any time as described in Section 5.4. By default, cancellation takes effect at the end of your current paid period; you retain access and your workspace data until then and may reactivate before the period ends. Cancellation alone does not delete your workspace data.
13.3 Account Deletion. Permanent deletion of your workspace data occurs only if you separately and expressly request account deletion. If you confirm account deletion, your workspace data will be permanently deleted, you will lose access, and any unused portion of your billing period and unused prepaid credits will be forfeited, without refund except where required by law. Export anything you wish to keep before confirming. We retain only the limited records described in our Privacy Policy (such as billing and compliance records).
13.4 Suspension and Termination by Us. We may suspend, restrict, or terminate your access, with or without notice, if you breach these Terms, if we reasonably suspect fraud, abuse, unlawful use, or a security or legal risk, if a third party (payment processor, mailbox provider, or vendor) requires it, or if we discontinue the Service. Where we terminate without cause, we will, where practicable, give reasonable notice and a pro-rata refund of prepaid, unused subscription fees, except where termination is for your breach.
13.5 Effect of Termination. On termination your right to use the Service ends. Provisions that by their nature should survive — including Sections 4, 5.5–5.6, 8, 9, 10.2–10.4, 11, 14, 15, 16, 17, 18, 19, 20, and 22 — survive.
14. Disclaimers of Warranties
14.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL DEAL FEED, DIRECTORY, TRACE, CONTACT, AI, VALUATION, AND OTHER INFORMATION AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
14.2 WE DO NOT WARRANT THAT ANY INFORMATION (INCLUDING ANY LISTING, CONTACT, OWNER, BROKER, EMAIL OR MAILING ADDRESS, FINANCIAL FIGURE, OR AI OUTPUT) IS ACCURATE, CURRENT, COMPLETE, DELIVERABLE, OR VERIFIED, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. ANY LABEL SUCH AS “TRACED,” “VERIFIED,” OR “DELIVERABILITY-CHECKED” REFERS ONLY TO AN AUTOMATED PROCESS AND IS NOT A GUARANTEE.
14.3 NOTHING PROVIDED THROUGH THE SERVICE IS LEGAL, FINANCIAL, TAX, ACCOUNTING, VALUATION, BROKERAGE, SECURITIES, OR INVESTMENT ADVICE (SEE SECTION 4). WE DISCLAIM ALL RESPONSIBILITY FOR THIRD-PARTY SERVICES, CONTENT, MARKETPLACES, BROKERS, SELLERS, AND VENDORS. Some jurisdictions do not allow certain warranty exclusions; in that case they apply to the fullest extent permitted by law.
15. Limitation of Liability
15.1 Excluded Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS (THE “COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, BUSINESS, DEALS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
15.2 Liability Cap. THE COMPANY PARTIES’ TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
15.3 Allocation of Risk. THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, REFLECT THE AGREED ALLOCATION OF RISK, ARE AN ESSENTIAL BASIS OF THE BARGAIN, APPLY INDEPENDENTLY, AND SURVIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow certain limitations; in that case our liability is limited to the fullest extent permitted by law, and nothing in these Terms limits liability that cannot be limited by law.
16. Indemnification
16.1 Your Indemnity. You will defend, indemnify, and hold harmless the Company Parties from any third-party claims and all resulting losses, damages, liabilities, settlements, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content or your communications (including any outreach email or mail you send); (b) your use of the Service, including your use of any contact, owner, Trace, or Directory information; (c) your violation of these Terms, any Acceptable Use Policy, or any law or third-party right (including privacy, publicity, IP, anti-spam, telemarketing, anti-harassment, FCRA, DPPA, or consumer-protection rights); or (d) your breach of any representation or warranty.
16.2 Procedure. We will notify you of the claim, and you will cooperate in the defense. We may participate with our own counsel at our expense, and you may not settle any claim in a way that imposes any obligation or admission on a Company Party without our prior written consent.
17. Third-Party Services
The Service integrates and relies on third parties (for example, a payment processor for billing, your email provider for mailbox connection, AI providers for analysis, a mail vendor for direct mail, and data and infrastructure providers). Your use of those services may be subject to their own terms and privacy policies. We do not control and are not responsible for third-party services, and your dealings with them are between you and them.
18. Governing Law
These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Florida, U.S.A., without regard to conflict-of-laws rules, and, with respect to the arbitration agreement in Section 19, by the Federal Arbitration Act. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
19. Binding Arbitration; Class-Action and Jury-Trial Waiver
19.1 Agreement to Arbitrate. Except as provided in Sections 19.4 and 19.10, you and DealStratum agree that any dispute arising out of or relating to these Terms, the Service, or our relationship — on any legal theory, and whether arising before, during, or after termination — will be resolved exclusively by final and binding individual arbitration, and not in court.
19.2 Delegation. The arbitrator, not any court, has exclusive authority over all threshold issues, including the arbitrability, scope, enforceability, and validity of this Section 19, except that a court (not an arbitrator) will decide the enforceability of the Class-Action Waiver in Section 19.5.
19.3 Administrator and Rules. The arbitration will be administered by the American Arbitration Association (AAA) under its rules then in effect, before a single arbitrator. If the designated administrator is unavailable, the parties will agree on a substitute or a court may appoint one.
19.4 Exceptions (Court Permitted). Either party may (a) bring a qualifying individual claim in small-claims court; and (b) seek injunctive or other equitable relief in court to protect intellectual-property rights or confidential information, or to address unauthorized access, scraping, or misuse of the Service or its data. Seeking such relief does not waive the right to arbitrate other claims.
19.5 Class-Action Waiver. YOU AND DEALSTRATUM AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any class or representative proceeding, and may award relief only in favor of the individual party and only to resolve that party’s individual claim.
19.6 Jury-Trial Waiver. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT, YOU AND DEALSTRATUM EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.
19.7 Pre-Arbitration Notice. Before starting an arbitration, the claiming party must send a written Notice of Dispute (to hello@dealstratum.com for DealStratum) describing the claim and relief sought, and the parties will attempt in good faith to resolve it for 60 days. This informal-resolution period is a condition precedent to filing.
19.8 Venue, Costs, Procedure. Any in-person hearing will be held in Volusia County, Florida, unless the parties agree otherwise or the rules provide otherwise; the arbitrator may allow telephonic or video participation. Fees are governed by the administrator’s rules; where required, we will pay or advance them. Each party otherwise bears its own attorneys’ fees except where a statute or the award provides otherwise. The award is final and binding and may be entered in any court of competent jurisdiction.
19.9 Mass/Coordinated Filings. If 25 or more similar demands are submitted by or with the assistance of the same or coordinated counsel, the parties will cooperate with the administrator to implement any batching or bellwether procedures it offers.
19.10 30-Day Right to Opt Out. You may opt out of this Section 19 by sending written notice to hello@dealstratum.com within 30 days after you first accept these Terms (or, for the arbitration provision specifically, within 30 days after we first notify you of a material change adding or materially altering it). Your notice must include your name, account email, and a clear statement that you opt out of arbitration. If you opt out, this Section will not apply to you, but the rest of these Terms (including Section 20) will.
19.11 Severability / Non-Severable Blow-Up. If the Class-Action Waiver in Section 19.5 is found unenforceable as to a particular claim, that claim will be severed and adjudicated in court and the remainder will proceed in arbitration; the Class-Action Waiver is otherwise not severable — if found wholly unenforceable, the entire agreement to arbitrate in this Section is null and void as to the affected claims, which will proceed in court subject to Sections 19.6 and 20. Otherwise, any unenforceable part of this Section is severed and the remainder enforced.
19.12 Survival. This Section survives termination of these Terms and your account.
20. Forum Selection; Jurisdiction (Non-Arbitrable Matters)
For any dispute not subject to arbitration (including matters within Section 19.4, claims by users who validly opted out, and any dispute if Section 19 is held unenforceable as to it), you and DealStratum agree to the exclusive jurisdiction and venue of the state and federal courts located in Volusia County, Florida, consent to personal jurisdiction there, and waive any objection based on inconvenient forum.
21. Changes to These Terms
21.1 Updates. We may update these Terms and will post the updated version and revise the “Last updated” date and version above.
21.2 Material Changes. For material changes — including any change to the arbitration agreement or class-action waiver (Section 19), the fees, billing, or auto-renewal terms (Section 5), the limitation of liability (Section 15), the indemnification obligation (Section 16), or our data-deletion practices (Section 13) — we will give reasonable advance notice (for example, by email to your account address or an in-product notice) and, where we deem appropriate or where required by law, will require you to affirmatively re-accept.
21.3 Effect. Material changes apply prospectively. Continued use after the effective date of non-material changes constitutes acceptance. If you do not agree to a change, your remedy is to stop using the Service and cancel. Changes to the arbitration provision are subject to the opt-out right in Section 19.10 and do not apply retroactively to a dispute of which we had written notice before the change.
22. General Provisions
22.1 Entire Agreement. These Terms, with the Privacy Policy and any Acceptable Use Policy or plan terms presented at the point of sale, are the entire agreement regarding the Service and supersede prior understandings. In a conflict, an order form or plan-specific terms control for the matter addressed, and these Terms control over the Privacy Policy except as to privacy matters.
22.2 Severability. If any provision (other than as addressed in Section 19.11) is held invalid, it will be modified to the minimum extent necessary to be enforceable or, if it cannot be, severed, and the remaining provisions remain in effect.
22.3 No Waiver. Our failure to enforce any provision is not a waiver; a waiver must be in writing, and a waiver of one breach is not a waiver of any other.
22.4 Assignment. You may not assign these Terms or your account without our prior written consent, and any attempted assignment is void. We may freely assign these Terms, including in connection with a merger, acquisition, reorganization, financing, or sale of all or substantially all of our assets or equity. These Terms bind and benefit the parties and their permitted successors and assigns.
22.5 Force Majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, pandemic, internet/hosting/telecom/payment-processor/ mailbox-provider or other third-party-service failures, cyberattacks, or power outages.
22.6 Relationship. The parties are independent contractors. These Terms create no partnership, joint venture, agency, fiduciary, or employment relationship. There are no third-party beneficiaries except the Company Parties (Sections 15 and 16).
22.7 Notices. We may provide notices to you by email to your account address, by posting in the Service, or by other reasonable means. You must send legal notices to us at hello@dealstratum.com and, where required, to 124 N Nova Rd #118, Ormond Beach, FL 32174. Notices are effective when sent (email/in-product) or received (mail).
22.8 Export and Sanctions. You represent that you are not located in, and will not use the Service in violation of, any U.S. export-control or sanctions law, and are not on any U.S. government restricted-party list.
22.9 Interpretation. Headings are for convenience only. “Including” means “including without limitation.” These Terms will not be construed against either party as drafter. Any provision that by its nature should survive termination survives.
23. Contact
Questions about these Terms may be sent to hello@dealstratum.com, or by mail to DealStratum, LLC, 124 N Nova Rd #118, Ormond Beach, FL 32174.