Pre-Dispute Arbitration Agreement

Pre-Dispute Arbitration Agreement

This agreement contains a pre-dispute arbitration clause. Under this clause, which you agree to when you registered for an account, you and Pocket Properties App agree to the following:

  1. All parties to this agreement are giving up the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
  2. Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
  3. The ability of the parties to obtain documents, witness statements, and other discoveries are generally more limited in arbitration than in court proceedings.
  4. The arbitrators do not have to explain the reason(s) for their award unless, in an eligible case, a joint request for an explained decision has been submitted by all parties to the panel at least 20 days prior to the first scheduled hearing date.
  5. The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
  6. The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
  7. The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this agreement.

In the event of any claim, controversy, or alleged dispute between you, as a user of pocketpropertiesapp.com, hereby agree that this Pre-Dispute Arbitration Clause governs your claim, controversy, or alleged dispute with Pocket Properties App. You agree to attempt in good faith to resolve any Dispute for at least thirty (30) days before instituting any legal proceeding. Each party agrees to submit any Dispute for resolution by final, binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim, or alleged breach along with your attempt to resolve such Dispute.

In any arbitration and subject to the ultimate discretion of the panel of arbitrators, except to the extent that these terms either limit or contradict FINRA rules, each side will:

  • The decision(s) of the panel of arbitrators shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption as by law provided, provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof.
  • Be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burdens (e.g. confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant).
  • You agree that all Disputes will be limited between you, individually, and Pocket Properties App.
  • To the full extent allowable by law, you agree that no arbitration proceeding or other dispute resolution proceeding shall be joined with any other party or decided on a class-action basis.
  • You agree that the following matters shall not, at the election of Pocket Properties App, be subject to binding arbitration: (1) any Dispute related to, or arising from allegations of criminal activity; (2) any Disputes concerning Pocket Properties App’s intellectual property rights; and (3) any claim for injunctive relief.
  • You agree that all arbitration proceedings will take place in Richmond, Virginia United States of America. Any Dispute not subject to arbitration shall be decided by a court of competent jurisdiction within Richmond, Virginia. Each party hereby waives any claim that such venue is improper or inconvenient, except to the extent that these terms either limit or contradict FINRA rules.

The parties understand and agree that this is a Pre-Dispute arbitration agreement that may limit your legal rights as set forth above. A copy of this agreement will be provided to you by email. Pocket Properties App shall provide you with information on how to contact FINRA Arbitration or obtain the rules of a FINRA arbitration upon your request.