What Are the Rules Regarding Dispute Resolution?

You and ValleyLists (the “parties”) agree that if any dispute or claim arises out of the use or operations of ValleyLists, the parties agree to the following limitations and procedures for resolving such disputes or claims.

1. Regardless of any statute or law to the contrary, any dispute or claim arising out of or related to the use or operations of ValleyLists must be brought to the attention of ValleyLists, LLC, in writing, within one (1) year after such dispute or claim arose or be forever barred.

2. First, the dispute or claim shall be submitted to mediation. Mediation proceedings shall be conducted by and in accordance with the procedures of the Greenfield, Massachusetts, Mediation and Training Collaborative, or by such other person or body providing mediation services as the parties may agree, and shall be non-binding on the parties thereto. Any party may commence a mediation proceeding by serving written notice thereof to the other party by mail or otherwise, designating the issue(s) to be mediated. The mediator shall schedule sessions, as necessary, for the presentation by all parties of their respective positions, which, at the option of the mediator may be heard by the mediator jointly or individually with or without any other parties present. The mediation proceeding shall be held in Franklin County, Massachusetts, or such other venue as the parties mutually select. The parties may submit to the mediator, no later than ten (10) business days prior to the first scheduled session, a brief memorandum in support of their position. The mediator shall make written recommendations for settlement in respect of the dispute, including apportionment of the mediator's fee, within ten (10) business days of the last scheduled session. If any party involved is not satisfied with the recommendation for settlement, that party may commence an arbitration proceeding.

3. If the above-referenced mediation process fails to resolve the dispute or claim, the parties agree to submit the dispute or claim to binding arbitration in accordance with this Section and Massachusetts General Laws, Chapter 251:

a. Either party may initiate arbitration by giving the other party written notice of the appointment of the first arbitrator. The other party shall, within fifteen (15) days, give the initiating party notice of the appointment of the second arbitrator. These two arbitrators shall then select the third arbitrator. If the non-initiating party fails to appoint the second arbitrator within the prescribed time, the first arbitrator shall serve alone.

b. The arbitrator(s) shall meet as soon as reasonably possible after their appointment and provide each party the opportunity to present its case and witnesses, if any, in the presence of each other. Any such arbitration meeting or hearing which involves the parties shall be conducted in Franklin County, Massachusetts. All American Arbitration Association rules applicable to commercial disputes such as those arising out of this Agreement shall apply except to the extent that they are inconsistent with any provision of this Section. As soon as possible after the close of this meeting, the arbitrator(s) shall make a written report of their findings of fact, relevant interpretations of this Agreement and an award settling the dispute submitted. The arbitrators shall attempt to reach a consensus regarding their conclusions but if consensus cannot be reached within two meetings at which the issues are fully discussed, a majority vote shall prevail.

c. Any attorney at law, professional arbitrator, professional mediator, or other similar professional person with experience resolving disputes, who is not an interested party, may serve as an arbitrator.

d. The decision and award of the arbitrator(s) shall be binding upon the parties and the prevailing party may seek a judgment enforcing such an award in any court of competent jurisdiction.

e. The parties shall share equally the cost of the arbitrator(s) and other costs incurred in the arbitration process other than each party's separate attorneys fees.

f. The parties agree that they shall not have the right to resolve disputes or claims arising out of the use or operations of ValleyLists by legal or equitable proceedings, except as permitted by this Section. The prevailing party in any legal or equitable proceedings under this Section shall receive, in addition to all other rights and remedies to which such party is entitled, such party's reasonable costs and expenses incurred in such proceedings, including reasonable attorney's fees.

4. Liquidated Damages You understand and agree that, because actual damages are frequently difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay ValleyLists liquidated damages as follows:

a. If you post or list information which violates The Rules, you agree to pay ValleyLists $1,000.00 for each such instance contained in one or more posts or lists.

b. If ValleyLists establishes a limit on your use of ValleyLists or terminates your access to or use of ValleyLists, you agree to pay ValleyLists $100.00 for each instance in which you use ValleyLists in excess of such limits or for each day on which you access ValleyLists in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to someone who you have encountered or discovered through ValleyLists, you agree to pay ValleyLists $100.00 for each such email.

d. Under all other circumstances, you agree to pay ValleyLists’ actual damages, to the extent such actual damages can be reasonably calculated, interest at the annual rate of 18%, and all of ValleyLists’ costs and expenses, including reasonable attorneys’ fees and other related expenses incurred in the enforcement of these Rules.