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In addition to the Terms of Use at www.biggerpockets.com/terms, Privacy Policy at www.biggerpockets.com/privacy, and Community Rules and Regulations at www.biggerpockets.com/rules applicable to the BiggerPockets website generally (collectively, the “Website Terms”), which are incorporated by reference to these terms of service (collectively, these “Terms”), your agreement to these Terms is required before you download or use the documents from the BiggerPockets Landlord Form database (the “Documents”).
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- Dispute Resolution.
- ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES UNDER THESE TERMS WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
- You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BIGGERPOCKETS WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal shall have no power to consolidate more than one person’s claims, or to otherwise preside over any form of a representative, private attorney general, or class proceeding.
- If any provision of this arbitration agreement (other than the prohibition on class, representative, and private attorney general arbitration in subsection (d)) is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced. If the prohibition on class, representative, and private attorney general arbitration in subsection (d) is held to be unenforceable, then the entire arbitration agreement is unenforceable.
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