If a dispute arises between You and Us or between you and the other party to Your
Swap, our goal is to provide you with a neutral and cost-effective means of resolving
the dispute quickly. Accordingly, You (and Us if we are the other party to the dispute)
agree to resolve any claim or controversy at law or in equity that arises from or
relates to this Agreement or the System or a Swap (a "Claim") in accordance with
one of the subsections below.
You agree to submit to the exclusive jurisdiction and venue of the courts located
in Prince George’s County in the State of Maryland except as provided in the paragraph
below regarding optional arbitration.
For any Claim, excluding Claims for injunctive or other equitable relief, where
the total amount of the award sought is less than ten thousand U.S. Dollars ($10,000.00
USD), the party requesting relief may elect to resolve the Claim in a cost-effective
manner through binding non-appearance-based arbitration. A party electing arbitration
shall initiate it through an established alternative dispute resolution ("ADR")
provider mutually agreed upon by the parties. The ADR provider and the parties must
comply with the following rules: (a) the arbitration shall be conducted, at the
option of the party seeking relief, by telephone, online, or based solely on written
submissions; (b) the arbitration shall not involve any personal appearance by the
parties or witnesses unless otherwise mutually agreed by the parties; and (c) any
judgment on the award rendered by the arbitrator may be entered in any court of
competent jurisdiction.
All Claims you bring arising out of or related to Your use of the System must be
resolved in accordance with this Dispute Resolution Section. All Claims filed or
brought contrary to this Dispute Resolution Section shall be considered improperly
filed. Should you file a Claim against Us contrary to this Dispute Resolution Section,
We may recover attorneys' fees and costs up to two thousand U.S. Dollars ($2,000.00
USD), provided that We have notified You in writing of the improperly filed Claim,
and you have failed to promptly withdraw the Claim.
If You have a dispute with one or more users, You release Us (and our officers,
directors, agents, subsidiaries, joint ventures and employees) from claims, demands
and damages (actual and consequential) of every kind and nature, known and unknown,
arising out of or in any way connected with such disputes. If you are a California
resident, you waive California Civil Code §1542, which says: "A general release
does not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor."
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