Arbitration

By agreeing to these Terms, BCC and you agree that any dispute or controversy arising out of or relating to these Terms or the Services, including, but not limited to, legal and equitable claims, federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved through binding arbitration on an individual basis (except as specifically noted below). Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), Consumer Arbitration Rules, in effect on the date of the Terms you are currently bound by and without inclusion of any optional, non-binding, or supplementary rules. Costs of arbitration, including AAA administrative fees, shall be apportioned between you and BCC in accordance with the AAA Consumer Arbitration Rules. In agreeing to this binding commitment to arbitrate their claims, BCC and you agree that they waive any right to proceed in a court of law or to have their claims heard by a jury. The arbitration shall: (1) be conducted by a single, neutral arbitrator in the English language; (2) be held virtually and not in person for all proceedings related to the arbitration, except by mutual agreement of all parties; and (3) be limited to one deposition per party, except by mutual agreement of all parties or upon a showing of need. Furthermore, in cases where neither party’s claim(s) or counterclaim(s) exceed $25,000, both parties agree to waive an arbitration hearing and resolve the dispute solely through submissions of documents to the arbitrator. The AAA Consumer Arbitration Rules, as well as instructions on how to file an arbitration proceeding with the AAA, can be found at the AAA’s web site (adr.org).  At the time of preparing these Terms, the AAA Consumer Arbitration Rules can be found using the site’s search feature (represented by a magnifying glass) by typing “Consumer Rules”. 

Without waiving or otherwise affecting the Class Action Waiver below, in the event that your claim(s) in an arbitration substantially implicate or relate to the rights of, or claims by, other BCC customers who have also initiated arbitration against BCC, you agree that BCC shall have the right, but not the obligation, to join or consolidate such arbitrations into a single arbitration, in BCC'S sole discretion.

Before filing an arbitration, you and we will try in good faith to informally resolve any claims. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to legal@bitcatalystcapital.com that includes (1) your name, phone number, username, and email address for your account; (2) a description of the claim and how you’d like it resolved; and (3) the name, telephone number, mailing address and e‐mail address of your counsel, if any. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and us must cooperate to schedule that meeting by phone or videoconference. You and BCC each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this section.

Confidentiality. During the arbitration, the amount of any settlement offer made by you or BCC shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.

Delegation. Any dispute between BCC and You regarding the construction, interpretation, or application of this arbitration provision, including the enforceability, severability, revocability, scope, or validity of this arbitration provision, shall be decided by an arbitrator and not by a court or judge.

Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND BCC AGREE, NO ARBITRATOR OR JUDGE MAY CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU AND BCC EACH WAIVE THE RIGHT TO: (1) A JURY TRIAL; AND (2) PARTICIPATE IN A CLASS ACTION. IF A COURT DECIDES THAT APPLICABLE LAW PRECLUDES ENFORCEMENT OF ANY OF THIS PARAGRAPH’S LIMITATIONS AS TO A PARTICULAR CLAIM FOR RELIEF, THEN THAT CLAIM (AND ONLY THAT CLAIM) MUST BE SEVERED FROM THE ARBITRATION AND MAY BE BROUGHT IN COURT. THIS CLASS ACTION WAIVER IS SUBJECT TO AND DOES NOT IMPAIR OR IMPEDE BAM’S RIGHT TO CONSOLIDATE RELATED USER CLAIMS AS DESCRIBED ABOVE.