ALTERNATIVE DISPUTE RESOLUTION POLICY
(Last Revised: May 1, 2017)
This B-Stock Alternative Dispute Resolution Policy (the “ADR Policy”) is by and between B-Stock Solutions, LLC (“B-Stock”) and each end user (“you”) of the B-Stock Services (defined below). By using the B-Stock Services, you hereby agree to this ADR Policy.
PLEASE READ THIS ADR POLICY CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS ARISING FROM YOUR USE OF THE B-STOCK SERVICES ARE RESOLVED. PLEASE NOTE THAT THIS ADR POLICY ONLY APPLIES TO DISPUTES BETWEEN BUYERS AND SELLERS. ALL DISPUTES BETWEEN YOU AND B-STOCK SHALL BE RESOLVED IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN THE RELEVANT AGREEMENT BETWEEN YOU AND B-STOCK.
1. Definitions.
1.1 “B-Stock” means B-Stock Solutions, LLC, a Delaware corporation.
1.2 “B-Stock Services” means the technology and services provided by B-Stock, whereby B-Stock configures, operates, hosts and manages an auction-based private marketplace website (i.e. the “Site”) allowing Buyers to browse, bid on and/or purchase tangible goods ("Goods").
1.3 “Buyer” means an end user of the B-Stock Services who browses, bids on and/or purchases Goods sold by Sellers through the B-Stock Services.
1.4 “Seller” means an end user of the B-Stock Services which lists Goods through the B-Stocks Services for bid and purchase by Buyers.
2. Acknowledgement; Release. You acknowledge and agree that B-Stock offers an auction bidding platform whereby B-Stock operates as an intermediary and simply facilitates the purchase and sale of tangible goods between Buyers and Sellers. If you have a dispute with one or more end users, you release B-Stock (and its affiliates and subsidiaries, and their respective officers, directors, employees and agents) 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. In entering this release, to the maximum extent permitted by law, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
3. Initial Dispute Resolution Procedure. You agree to use best efforts to resolve any dispute related to the advertising, listing, selling or purchasing of Goods through the B-Stock Services as follows:
(i) You will provide email notice to B-Stock (at [email protected]) and the Buyer or Seller, as the case may be, within seven (7) days of the date the disputes arises;
(ii) Within thirty (30) days of the initial dispute notice, either you (if you are an individual) or an employee of your company who has authority to bind the company, will hold a telephonic or in-person meeting with the Buyer or Seller, as the case may be, to resolve the dispute;
(iii) If you are unable to resolve the dispute within thirty (30) days of the meeting referenced in section 3(ii) above, you will submit to [email protected] a written account of the facts along with any supporting documentation within seven (7) days of the expiration of such period. You will provide B-Stock any information B-Stock reasonably requests related to the dispute. B-Stock will use reasonable efforts to solicit applicable information from each party to the dispute, and based solely on the information submitted, B-Stock will decide the resolution of the dispute in its sole good faith discretion; and
(iv) To the extent B-Stock rules on the dispute in accordance with this Section, you agree that such ruling shall be binding and enforceable against you; provided however that if you do not agree to the ruling you may opt-out (in which case the ruling will not be enforceable against the parties to the dispute); provided further that you provide such opt-out notice to B-Stock (at [email protected]) and the other party within seven (7) days of B-Stock’s ruling. To the extent you initiate or receive an opt-out notice, you agree to arbitrate the dispute in accordance with Section 4 below. If you opt-out in accordance with this paragraph, you hereby reiterate the release set forth in Section 2 above.
(v) If you do not comply with any portion of this ADR policy, you hereby waive any claims related to the dispute which you may know or suspect to exist in your favor.
4. Agreement to Arbitrate. You agree that all disputes or claims that have arisen, or may arise, between you and a Buyer or Seller, as the case may be, relating to your use of or access to B-Stock Services, or any Goods sold, offered, or purchased through B-Stock Services, shall be resolved exclusively through final and binding arbitration, rather than in court, unless resolved in accordance with Section 3 of this ADR. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitration.
4.1 Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this ADR Policy and any relevant agreement between the parties as a court would (including, but not limited to, the Terms of Purchase and Terms of Use). All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this agreement to arbitrate, or the interpretation of this ADR Policy, shall be for a court of competent jurisdiction to decide.
4.2 The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. To the extent the AAA’s Consumer Arbitration Rules do not apply the AAA’s Commercial Arbitration Rules shall apply. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
4.3 The party who initiates the opt-out pursuant to Section 3(iv) above must, by certified mail, send a completed form Notice of Dispute ("Notice") to the other party (with a copy to B-Stock at [email protected]). The Notice must include a description of the nature and basis of the claims the party is asserting and the relief sought. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you may send a copy to B-Stock at [email protected]. Any settlement offer made by you or B-Stock, if any, shall not be disclosed to the arbitrator.
4.4 The arbitration hearing shall be held in the county in which the initiating party resides or at another mutually agreed location. If the value of the relief sought is $10,000 or less, either the Buyer or Seller may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the parties subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you may attend by telephone, unless the arbitrator requires otherwise
4.5 The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same eBay user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
4.6 Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, the initiating party will pay all filing, administration, and arbitrator fees associated with the arbitration. If (a) you willfully fail to comply with the Notice requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse the other party for all fees associated with the arbitration paid by such party on your behalf that you otherwise would be obligated to pay under the AAA's rules.
4.7 If an arbitrator or court decides that any part of this ADR Policy is invalid or unenforceable, the other parts of this ADR Policy shall still apply.
5. Future Amendments to the ADR Policy. B-Stock may amend this ADR Policy in its sole discretion; however, you and B-Stock agree that if B-Stock makes any amendment to this ADR Policy (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the ADRP Policy that have arisen or may arise between Buyers and Sellers. B-Stock will notify you of amendments to this ADRP Policy by posting the amended terms on www.bstock.com at least thirty (30) days before the effective date of the amendments and by providing notice your registered email account. If you do not agree to these amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.
6. Indemnity. You will indemnify and hold B-Stock (including B-Stock’s affiliates and subsidiaries, as well as their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this ADR Policy, your improper use of the B-Stock Services or your breach of any law or the rights of a third party.
