1. User’s Acknowledgment and Acceptance of Terms

Congressional Home Buyers LLC (referred to as “us” or “we” or "CHB") provides the congressionalhomebuyers.com Site and various related content and services (together referred to as this “Site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Use”), as well as any other written agreement between us (or your company). In addition, when using particular services or content on this Site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

USING THIS SITE AND/OR SUBMITTING ANY INFORMATION OR COMPLETING ANY FORMS, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Use are effective as of the date set forth above. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this Site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.

 

Please be advised: These Terms of Use contain provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes Sections below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt-out: (1) you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

2. Description of Services

We make various services available on this Site including, but not limited to, real estate related services and home buying/selling processes (all of which is consider the Site for purposes of these Terms of Use).  We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.  You understand and agree that the services available on this Site are provided ““AS IS” and that we assume no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

             a.  Standard Real Estate Property Interest Submissions

 

             Through our Site, you can submit certain personal information, including your property address, to us in order for us to evaluate a potential sales transaction.  Our Site is intended in part to provide you with information about our real estate purchasing services and allow you to submit information to us to allow us to evaluate your property.  When you submit information via our Property Interest Submission Form (found on our home page on this page) you are submitting information to us in a non-binding manner.  We will take the information you provide to us to consider providing you an offer on the property in question.  We are under NO obligation to do so.  In the event we provide an offer to you via this process, there is no obligation on you to accept it.  All sales will be subject to final documentation signed at closing and other standard seller requirements and disclosures.

 

 

               b.  Highest Offer in DC Guarantee Program

 

               Our Site also provides a process and program called "Highest Offer in DC Guarantee" that provides we may pay you $500 if we don't provide the highest offer on your property, subject to the terms of this Section and these Terms of Use.  In order for you to be eligible for the $500 payment, all of the following terms must be true (1) the property you submit must be a residential property that is a townhouse/rowhome or single family home (i.e. condos are not subject to this program), (2) the residential property you submit and intend to sell must be located in the District of Columbia, (3) the higher offer you receive must be in writing and from a third party competitor of ours that is headquartered in the metro DC area and such third party must be a company involved in a business that is substantially similar to ours as determined by us in our sole discretion (such third party competitors shall not include, without limitation, (and offers by and sales to such parties shall not be subject to this guarantee program) any real estate agent, wholesaler, sale via listing on the MLS (or otherwise marketed beyond third party private buyers), real estate developers, out of area private buyers, direct sales to individuals, etc.), (4) you must give us the final right to match the offer you have received from the third party competitor (meaning we will have the right to buy at the higher price and you will agree to sell to us at that price without any further soliciting of that number you submit), (5) you must actually and finally sell (i.e. close on the sale) the submitted property to the competitor within twenty days of your initial submission to us, (6) you must actually sell the submitted property at the price provided to us with no concessions or other terms that may impact the price paid by the seller or the amount you receive and (7) if your property has tenants, all tenants shall have executed certain documents prior to closing and shall vacate prior to closing and such requirement shall be in our final sales contract.   If all of the above terms are true and can be reasonably verified by us without any costs, we will pay you $500 within thirty (30) of such verification.  You must provide us with true and accurate information related to your other offers.

 

 

               c.  Sales Transactions and Closings

 

 

              If you accept an offer from us after you submit a Property Interest Submission Form, both you and us will enter into any sales agreement or related agreement or contract that we provide to you.  The parties will then proceed to a traditional real estate closing with agreements, disclosures and other related regulatory required documents.       

 

 

3.  Electronic Contracting and Notices

Your affirmative act of using any of the Site (including, without limitation, submitting any forms to us via the Site) constitutes your electronic signature to these Terms of Use and your consent to enter into agreements with us electronically.  You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”).  We can send you electronic Notices (1) to the e-mail address that you provided to us, or (2) by posting the Notice through the Site.  The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery.  You can withdraw your consent to receive Notices electronically by discontinuing your use of the Services.  You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Use” link on the Site.  All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.

 

4.  Representations

 

 

You agree to:

    -  provide true, accurate, current and complete information about yourself and your property as prompted by our forms and in any other related document or agreement;

    -  to maintain and update your information to keep it true, accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Site and withdraw any offer or agreement.

 

While using Site, you agree that you will not:

    -  violate any laws, third party rights or our policies;

    -  use our Site or submit any of our forms if you are not able to form legally binding contracts or are temporarily or indefinitely suspended from using our Sites;

    -  manipulate our Site, services, email responses or interfere with any other users use of the Site;

    -  provide false, inaccurate, misleading, defamatory, or libelous information or content;

    -  spoof or create any emails, content, correspondence or other information from us, including fake or fraudulent acceptances or offers;

    -  create any competitive tool or feature (or otherwise establish a competitive business) for home buying that we offer or provide on the Site,

    -  distribute viruses or any other technologies that may harm us, or the interests or property of our users;

    -  copy, modify, or distribute rights or content from the Site or commercialize any of our applications or any information or software associated with such applications; or

    -  harvest or otherwise collect information about users, including email addresses, without their consent.

 

 

5. Data and Privacy; Age

In order to access some of the services or content on this Site, you may be required to provide certain information and data to us (and in certain cases may be required to create a separate account and password that can be obtained through us) (all of the foregoing, “Submitted Data”). By submitting or providing us information, you agree that all information provided in the Submitted Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.  You also grant us the right to disclose to third parties certain Submitted Data about you. The information we obtain through your use of this Site, including your Submitted Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

You must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site or accepting these Terms of Use, you represent and warrant to Congressional Home Buyers LLC that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Congressional Home Buyers LLC that you will use the Site in a manner consistent with any and all applicable laws and regulations.

6. Conduct on Site

 

 

You may not use the Site to gain unauthorized access to our network or server. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.  You agree that we may at any time, and at our sole discretion, terminate your access to the Site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

7. Third Party Sites and Information

This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the Site or party by us, or any warranty of any kind, either express or implied.

8. Intellectual Property Information

Copyright (c) 2016 Congressional Home Buyers LLC.  All Rights Reserved.

For purposes of these Terms of Use, “content” is defined as any content, information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. This includes, but is in no way limited to, message boards, chat, and other original content.  By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Congressional Home Buyers  LLC and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party. Certain of the ideas, software and processes incorporated into the Congressional Home Buyers  LLC service that is available on this Site are protected by patent applications pending in the United States, and we intend to prepare and file additional patent applications in selected foreign jurisdictions.

9. User Submitted Information

A.     Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary.  While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right and license to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.  Without limiting the foregoing, you hereby grant us the right to use any recorded video or audio or communication or correspondence for any marketing and other commercial activities including testimonials and reviews, including any verbal communication you provide via phone or any written email or other correspondence you provide ("Communication"). You grant us the right to summarize, make derivatives of, extrapolate or otherwise condense, revise or change any such Communications for use by Use provided that it is consistent with the original contents of the Communication.  You further grant us the right to find, obtain, access or otherwise procure or license any picture, image, likeness, representation of you ("Your Image") including through third parties (e.g. Facebook) and you further grant us a non-exclusive, paid-up, perpetual, and worldwide right and license to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use Your Image for any of our commercial, marketing or other related uses, including to use with your Communication on our website.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.

B.    We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed’
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

 

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

 

 

Designated Agent for Claimed Infringement:

General Counsel

Congressional Home Buyers, LLC

611 2nd St, Unit 1

Washington, DC 20002

info@congressionalhomebuyers.com

 

 

Please provide our Designated Agent with the following Notice:

 

a) Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Congressional Home Buyers  LLC will remove the infringing posting(s), subject to the procedures outlined in the DigitalMillennium Copyright Act.
Your acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

10. Disclaimer of Warranties

ALL CONTENT ON AND SERVICES PROVIDED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SITE, CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SITE, CONTENT AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SITE, CONTENT AND SERVICES ON THIS SITE.  THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Through your use of the Site, you may have the opportunities to engage in commercial transactions with us. You acknowledge that all transactions relating to any sales transactions shall be subject to a property sales contract executed between us.

 

In addition, the materials on this Site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items (“Forms”). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting or other professional advice. Under no circumstances will Congressional Home Buyers  LLC or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this Site, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms or other content available on or through this Site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this Site.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms of Use and your use of this Site and our services shall be limited to $100.  IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, amounts, damages, claims, and expenses, including attorney’s fees, that arise from, are related to or otherwise are connected with (i) your use or misuse of this Site, (ii) your offer to sell your property to us under our Sell It Now Program where you submit a valid offer and it is accepted by us (including in the event you do not sign a sales contract or sell your property to us as required under the program), (iii) any misrepresentation, fraud or other act or omission that is inconsistent with the requirements of our services or any agreements entered into between you and us, (iv) any breach of any provision of these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

13.  Release

 

If you have a dispute with one or more third parties related to selling your property or otherwise related to any interactions between you and us, you release us (and our affiliates and subsidiaries, and our 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 into this release 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.

14. International Use

Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

15. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Applicable provisions shall survive any termination.

16. Legal Disputes

You and Congressional Home Buyers, LLC agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms of Use, your use of or access to the Site or our services will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.​

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A. Applicable Law

 

You agree that the laws of the Commonwealth of Virginia, without regard to principles of conflict of laws, will govern these Terms of Use and any claim or dispute that has arisen or may arise between you and Congressional Home Buyers, LLC, except as otherwise stated in these Terms of Use.

 

B. Agreement to Arbitrate

 

You and us each agree that any and all disputes or claims that have arisen or may arise between you and us relating in any way to or arising out of these Terms of Use, your use of or access to the Site shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify.  The District Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

 

C.  Prohibition of Class and Representative Actions and Non-Individualized Relief

 

YOU AND US AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND US AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OR THIRD PARTIES.

 

D.  Arbitration Procedures

 

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 also must follow the terms of the Terms of Use as a court would.  The arbitrator, and not any district, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms of Use including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or Terms of Use is void or voidable. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate.  The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: Congressional Home Buyers, LLC, Attn: General Counsel, 611 2nd St, Unit 1, Washington, DC, 20002.  The arbitration shall be held in the Washington, D.C.. If the value of the relief sought is $10,000 or less, you or FHB may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and FHB subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant.  Attendance at an in-person hearing may be made by telephone by you and/or FHB, unless the arbitrator requires otherwise.  The arbitrator will decide the substance of all claims in accordance with the laws of the Commonwealth of Virginia, 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 our users, but is bound by rulings in prior arbitrations involving the same FHB 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.

 

E.  Costs of Arbitration

 

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, you will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by FHB should be submitted by mail to the AAA along with your Demand for Arbitration and FHB will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, FHB will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse FHB for all fees associated with the arbitration paid by FHB on your behalf, which you otherwise would be obligated to pay under the AAA's rules.

 

F.  Severability

 

With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.

 

G.  Opt-Out Procedure

 

IF YOU ARE A NEW SITE USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME (WHICH MAY BE THE FIRST TIME YOU VISIT THE SITE.  YOU MUST MAIL THE OPT-OUT NOTICE TO CONGRESSIONAL HOME BUYERS, ATTN: GENERAL COUNSEL, 611 2nd St., NE, WASHINGTON, DC 20002.

 

The Opt-Out Notice form you must include your name, address (including street address, city, state and zip code), and all other information to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the User Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

 

H.  Future Changes to the Agreement to Arbitrate

 

Notwithstanding any provision in the Terms of Use to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and eBay. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms.  Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall be effective when we amend the terms hereof.

 

I. Judicial Forum for Legal Disputes

 

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and FHB must be resolved exclusively by a state or district court located in Washington, DC. You and FHB agree to submit to the personal jurisdiction of the courts located within Washington, DC for the purpose of litigating all such claims or disputes.

 

17.  Authorization to Contact You; Recording Calls

 

You agree to receive calls, including autodialed and/or pre-recorded message calls, from FHB at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number or on that mobile device. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for any reasonable purpose, including to follow up on potential transactions, for marketing and advertising purposes or for other business reasons.

18. Notices

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at info@congressionalhomebuyers.com, if by email, or at 611 2nd St, Unit 1, Washington, DC 20002, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed email.

19. Entire Agreement​

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. 

20. Miscellaneous

Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred. You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use. You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision. You covenant and agree that you will not, at any time hereafter, either directly or indirectly, initiate, assign, maintain or prosecute, or in any way knowingly aid or assist in the initiation, maintenance or prosecution of any claim, demand or cause of action at law or otherwise, against the Congressional Home Buyers  LLC, its employees, members or affiliates, or any of them, for damages, loss or injury of any kind arising from, related to, or in any way connected to any activity related to this Site.  This covenant shall be binding upon, and inure to, the benefit of the parties, their successors, assigns and executors, administrators, personal representatives and heirs.