Pre-dispute Arbitration Agreement
This agreement contains a predispute arbitration clause. By signing an arbitration agreement, the parties agree as follows:
• 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.
• Arbitration awards are generally final and binding; a party’s ability to have a court reverse or modify an arbitration award is very limited.
• The ability of parties to obtain documents, witness statements, and other discovery is generally more limited in arbitration than in court proceedings.
• 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.
• The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry.
• 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.
• The rules of the arbitration forum in which the claim is filed and any amendments thereto shall be incorporated into this Agreement. You agree to settle by arbitration any controversy between or among You and CFMD Reg D LLC & Crowdfund My Deal, LLC (collectively, the “Firm”) arising out of or relating to any investment you may make in any issuer whose offering is, or has previously been, listed on this website.
Such arbitration will be conducted by, and in accordance with, the securities arbitration rules and regulations then in effect of FINRA, to be held in Salt Lake City, Utah, before a panel of arbitrators to be selected in accordance to FINRA’s selection process. Arbitration may be commenced by either party through service upon the other party of a written demand for arbitration or a written notice of intention to arbitrate.
The award of the arbitrator will be final and binding, and judgment on the award may be entered in any court having jurisdiction. If any party to this arbitration agreement files a complaint in court against another party that contains claims that are subject to arbitration pursuant to this Pre-Dispute arbitration agreement, the parties agree that this matter may be removed from the court to FINRA for arbitration of the claims that are subject to arbitration under this Pre-Dispute Arbitration agreement. If a party seeks to compel arbitration, that party must agree to arbitrate all of the claims contained in the complaint if the other party so requests. The following matters shall not, at the election of the Firm, be subject to binding arbitration: 1) any Disputes concerning the Firm’s intellectual property rights; and (2) any claim for injunctive relief.
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. No party to this arbitration agreement shall bring a putative or certified class action to arbitration, nor seek to enforce any pre-dispute arbitration agreement against any person who has initiated in court a putative class action; or who is a member of a putative class who has not opted out of the class with respect to any claims encompassed by the putative class action until: (i) the class certification is denied; (ii) the class is decertified; or (iii) the customer is excluded from the class by the court. Such forbearance to enforce an agreement to arbitrate shall not constitute a waiver of any rights under this Agreement except to the extent stated herein.
You can decline this Pre-Dispute Arbitration Agreement by notifying the Firm in writing within 30 days of account creation by sending an email from the account you registered on our system with your first and last name along with a clear statement of your intent to opt-out (such as “I opt-out of the Pre-Dispute Arbitration Provision”) to firstname.lastname@example.org.
Unless you opt-out, 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. The Firm shall provide you with information on how to contact FINRA Arbitration or on how to obtain the rules of a FINRA arbitration upon your request.