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Lakeview Marketplace, LLC Arbitration

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS ARBITRATION PROVISION CAREFULLY AND UNDERSTAND THAT IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND US. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO A SMALL CLAIMS COURT) AND TO BRING OR PARTICIPATE IN ANY CLASS OR OTHER REPRESENTATIVE ACTION. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO REJECT THIS PROVISION, AS PROVIDED BELOW. THIS ARBITRATION AGREEMENT DOES NOT APPLY TO MORTGAGE LOANS.

PLEASE READ THIS ARBITRATION AGREEMENT CAREFULLY AND KEEP IT FOR YOUR RECORDS. If you have any questions about this Arbitration Agreement, please write to us at:

Lakeview Marketplace, LLC
Attn: Compliance Department
4425 Ponce De Leon Blvd., 4th floor
Coral Gables, FL 33146
 
Definitions. In this Arbitration Section:

  • “You” and “Your” mean the individual(s) entering into these Terms of Use, as well as any person claiming through such individual(s);
  • “We” and “Us” means Lakeview Marketplace, LLC (“LMP”), and their affiliates, subsidiaries, and service providers, including Lakeview Loan Servicing, LLC, and their affiliates, subsidiaries, and service providers referred to herein as “LMP” or “Parties” respectively;
  • You and We are collectively referred to as the “Parties;”
  • “Claim” is an unresolved disagreement, which can include any dispute, claim or controversy (whether based on contract, tort, intentional tort, constitution, statute, ordinance, common law or equity) between You and Us or our affiliates, subsidiaries, and service providers, and their affiliates, subsidiaries, product providers and service providers for use of the LMP Website and/or LMP marketing campaigns, including but not limited to, and regardless of the legal theory the dispute is based on or whether it arose in the past, may currently exist, or arises in the future between Us and You:
    • Any transactions
    • Any related Product or Service, as defined here or in any applicable Terms of Use;
    • This Agreement;
    • Any prior agreement with Us;
    • Any disclosures or advertisements regarding Lakeview Marketplace and/or affiliate and/or affinity third-party companies’ Products or Services;
    • Your relationship with Us;
    • Any Claims that are currently the subject of a purported class action litigation in which You are not a member of a certified class;
    • Claims that are brought as counterclaims, cross claims, third party claims or otherwise;
    • Disputes about the validity or enforceability of these Website Terms of Use or this Agreement (except the validity, enforceability, and effect of the No Class Action Proceedings and Public Injunctive Relief Requests paragraphs, which shall be determined by a court); and,
    • Claims filed by You or by Us in small claims courts are not subject to arbitration, so long as the dispute remains in such courts and advances only an individual claim for relief.

How to Resolve a Formal Claim. If You have a claim with Us, we hope to resolve it quickly and easily. First, please contact us to see if we can solve the problem. If the claim cannot be resolved informally, You and We may agree that any dispute between us will be resolved by the arbitration process described below. You and We each agree to waive the right to a jury trial or a trial before a judge in a public court. The only exception to this is claims that may be filed in a small claims court. If Your unresolved dispute is within the jurisdiction of a small claims court, You should file Your claim there.

Claim Notice. Before starting a lawsuit or arbitration, the party electing to commence a proceeding must give the other party written notice of the Claim. The notice must include: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration; (2) the LMP Website and/or LMP marketing campaign component at issue; (3) reasonable detail of the Claim, including supporting facts; (4) the remedy sought and a good-faith calculation of the amount in controversy, expressed in United States Dollars; and (5) the original signature of the party making a Claim. You must send the notice in writing to Lakeview Marketplace, LLC, Attn: Compliance Department, 4425 Ponce De Leon Blvd., 4th floor, Coral Gables, FL 33146. If We intend to make a Claim, We will notify You in writing at the most recent address We have for You in Our files. The complaining party must give the other party a reasonable opportunity over the 30 days after notice is sent to resolve the Claim.

Claims Subject to Arbitration. Any Claim shall be resolved, upon the election of either Us or You, by binding arbitration administered by the American Arbitration Association or JAMS, under the applicable arbitration rules of the administrator in effect at the time a Claim is filed (“Rules”). If neither administrator is available, then either We or You may petition a court to appoint an arbitrator. Any arbitration under these Terms of Use will take place on an individual basis; class arbitrations and class actions are not permitted. If You file a claim, You may choose the administrator; if We file a claim, We may choose the administrator, but We agree to change to the other permitted administrator at Your request (assuming that the other administrator is available). You can obtain the Rules and other information about initiating arbitration by contacting the American Arbitration Association or JAMS. Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years’ experience. We agree not to invoke Our right to elect arbitration of an individual Claim filed by You in a small claims or similar court (if any), so long as the Claim is pending on an individual basis only in such court. Even if a class action lawsuit or other representative action is filed, any dispute between You and Us related to this Agreement raised by such an action will be subject to individual arbitration between You and Us.

If You file a Claim, You may choose the administrator; if We file a Claim, We may choose the administrator, but We agree to change to the other permitted administrator at Your request (assuming that the other administrator is available). Claims will be arbitrated by a single, neutral arbitrator, who shall be a retired judge or a lawyer with at least ten years’ experience.

If a third party is involved in a Claim between You and Us, then the third party’s Claim will also be decided in arbitration, and the third party must be named as a party as required under the rules for arbitration. The arbitrator will decide all issues, including the arbitrability of disputes, the scope and enforceability of this Agreement to arbitrate, and the interpretation of the prohibition of class and representative actions and non-individualized relief.

No Class Action Proceedings and No Jury Trials. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and We agree otherwise in writing, the arbitrator may not consolidate more than one person’s Claims. The arbitrator shall have no power to arbitrate any Claims on a class action basis, or Claims brought in a purported representative capacity on behalf of the general public, other borrowers, or other persons similarly situated. The validity and effect of this paragraph shall be determined exclusively by a court, and not by the administrator or any arbitrator.

Jury Waiver and Limitation of Rights. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, THE PARTIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND WE ACKNOWLEDGE THAT ARBITRATION WILL LIMIT OUR LEGAL RIGHTS, INCLUDING THE RIGHT TO PARTICIPATE IN A CLASS ACTION, INCLUDING THE RIGHT TO A JURY TRIAL, THE RIGHT TO CONDUCT FULL DISCOVERY, AND THE RIGHT TO APPEAL (EXCEPT AS PERMITTED IN THIS ARBITRATION SECTION OR UNDER THE FAA).

Public Injunctive Relief Claims. If a court determines that a public injunctive relief claim may proceed notwithstanding the No Class Action Proceedings and No Jury Trials paragraph in this Arbitration Section, and that determination is not reversed on appeal, then the public injunctive relief claim will be decided by a court, and any individual claims will be arbitrated. The parties will ask the court to stay the public injunctive relief claim until all other claims have been finally concluded.

Arbitration Costs. We will pay all filing and administration fees charged by the administrator and arbitrator fees up to $1,000, and We will consider Your request to pay any additional arbitration costs. If an arbitrator issues an award in Our favor, You will not be required to reimburse Us for any fees We have previously paid to the administrator or for which We are responsible. If You receive an award from the arbitrator, We will reimburse You for any fees paid by You to the administrator or arbitrator. Each party shall bear its own attorney’s, experts, and witness fees, which shall not be considered costs of arbitration; however, if a statute gives You the right to recover these fees, or fees paid to the administrator or arbitrator, then these statutory rights will apply in arbitration.

Arbitration Hearing and Decision. Any in-person arbitration hearing will be held in the city with the federal district court closest to Your residence, or in such other location as You and We may mutually agree. The arbitrator shall apply applicable substantive law consistent with the Federal Arbitration Act, 9 U.S.C. § 1-16 (the “FAA”), and, if requested by either party, provide written reasoned findings of fact and conclusions of law. The arbitrator shall have the power to award any relief authorized under applicable law, including injunctive relief. Any appropriate court may enter judgment upon the arbitrator’s award. The arbitrator’s decision will be final and binding except that: (1) any party may exercise any appeal right under the FAA; and (2) any party may appeal any award pursuant to the rules of the AA or JAMS, as applicable. Unless applicable law provides otherwise, the appealing party will pay the appeal’s cost, regardless of its outcome. However, We will consider any reasonable written request by You for Us to bear the cost.

Severability. If any portion of this Arbitration Section is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this section. However, if the No Class Action Proceedings and No Jury Trials paragraph of this Arbitration Section is deemed invalid or unenforceable in whole or in part, then this entire Arbitration Section shall be deemed invalid and unenforceable. The terms of this Arbitration Section will prevail if there is any conflict between the Rules and this section.

Your Right to Reject Arbitration. You understand that You may reject the provisions of this Arbitration Section, in which case neither Us nor You will have the right to elect arbitration. Rejection of this Arbitration Section will not affect the remaining parts of these Terms of Use. To reject this Arbitration Section, You must send Us written notice of your rejection within 30 calendar days after the date after You agreed and consented to these Terms of Use of LMP, as consent is defined within. You must include Your name, address, and email address associated with Your use of the Website and/or LMP marketing campaigns. The notice of rejection must be mailed to Lakeview Marketplace, LLC, Attn: Compliance Department, 4425 Ponce De Leon Blvd., 4th floor, Coral Gables, FL 33146. This is the only way that You can reject this Arbitration Section.

Applicability of the FAA and Survival. You and We acknowledge and agree that the arbitration agreement set forth in this Arbitration Section is made pursuant to a transaction involving interstate commerce, and thus the FAA shall govern the interpretation and enforcement of this Arbitration Section. This Arbitration Section shall survive the termination amendment or cancellation of the LMP Website, LMP marketing campaigns, and/or its relevant Products or Services as governed by the Lakeview Marketplace, LLC Terms of Use. This Arbitration Agreement constitutes the entire agreement between You and Us and supersedes all prior arrangements and other communications concerning dispute resolution as it relates to the Lakeview Marketplace, LLC and its Terms of Use. If We assign this Agreement to any unaffiliated third party, this Arbitration Agreement will apply to any dispute: (i) between You and that third party if You or that third party chooses arbitration; (ii) between You and Us that occurred prior to such assignment; or (iii) that arises from such assignment.

Changes. Notwithstanding anything to the contrary in the Terms of Use, the following terms shall apply to any amendment of this Arbitration Agreement. You and We agree that We have the right to amend this Arbitration Agreement, and that if We make any amendment to this Arbitration Agreement (other than an amendment to any notice address or website link provided herein), that amendment shall be effective upon Our provision of notice to You, as the date it is updated on the Website.  Any change shall not apply to any Claim against We that was made prior to the effective date of the change. Instead, the change shall apply to all other Claims governed by this Arbitration Agreement that have arisen or may arise between You and Us.  If You do not agree to these amended terms, You may reject the amended Arbitration Agreement and You will not be bound by it. To reject the amended terms, You must send Us written notice of Your rejection within 60 calendar days after the date We provided notice of the amendment. You must include your name, address, and account number. The notice of rejection must be mailed to Lakeview Marketplace, LLC, Attn: Compliance Department, 4425 Ponce De Leon Blvd., 4th floor, Coral Gables, FL 33146. This is the only way that you can reject amendments to this Arbitration Agreement.