Vondran Legal® Crypto Arbitration and Mediation. Call us at (877) 276-5084.
Introduction
If you have a crypto.com dispute over crypto or blockchain transactions, their terms of service require you to arbitrate the dispute (unless it is a small claims case). Here is a look at their terms, notice provision, pre-arbitration provision, and choice of law.
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NOTE: This is not investment advice.
Crypto.com terms of service
Arbitration of Disputes.
Except for small claims disputes in which you or Crypto.com seeks to bring an individual action in small claims court located in the county of your residence, as determined by the records maintained by Crypto.com for your account, or disputes in which you or Crypto.com seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Crypto.com waive your rights to a jury trial and to have any dispute resolved in court.
These Terms to arbitrate disputes include, but is not limited to, any and all claims for relief and theories of liability between you and Crypto.com, whether based in contract, tort, fraud, negligence, regulation, or ordinance; claims for relief under any state or federal statutes, including, but not limited to, the federal and any state analogs of the Telephone Consumer Protection Act, the Fair Credit reporting Act, Fair and Accurate Credit Transactions Act, and other statutes, including state and federal statutes relating to the collection of personal and/or biometric data; claims for common law fraud, misrepresentation, or any other legal or equitable theory arising out of your relationship with Crypto.com, and/or any interactions between you and Crypto.com.
If there is a final judicial determination that applicable law precludes enforcement of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
16.4 Notice Requirement.
For any dispute or claim that you have against Crypto.com or relating in any way to the Services, you may either proceed directly to arbitration, or you may first contact Crypto.com and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Foris Dax, Inc. by email at [email protected] or by certified mail addressed to 1111 Brickell Avenue, Suite 2725, Miami, Florida 33131.
If you elect to pursue pre-arbitration resolution through the Notice option, the Notice must:
(a) include your name, residence address, email address, and telephone number;
(b) describe the nature and basis of the claim;
and
(c) set forth the specific relief sought.
Crypto.com shall also have the option, but not the requirement, to pursue informal pre-arbitration resolution with you through the Notice process set forth herein. Our notice to you, as and if applicable, will be similar in form to that described above. If you and Crypto.com cannot reach an agreement to resolve the claim through the Notice process, or if you or Crypto.com decide to immediately proceed to arbitration without pursuing pre-arbitration resolution through the Notice process, then either party may submit the dispute to binding arbitration administered by the American Arbitration Association (“AAA”), or, under the limited circumstances set forth above, in court. All disputes submitted to AAA will be resolved through confidential, binding arbitration before one arbitrator.
Arbitration proceedings will either be held in Miami-Dade County, Florida, or may be conducted telephonically or via video conference, if you agree.
For disputes alleging damages less than $30,000, the dispute will be decided on the basis of the parties' written submissions and no final hearing or in person proceedings will be required absent the consent of both parties. With respect to the disputes of $30,000 or more, AAA shall designate an arbitrator who maintains his or her primary residence in the State of Florida.
The most recent version of the AAA Rules are available on the AAA website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the AAA Rules or waive your opportunity to read the AAA Rules and waive any claim that the AAA Rules are unfair or should not apply for any reason.
16.8 Governing Law in Arbitration Proceeding.
The arbitrator shall apply the law of the State of Florida to all substantive issues in the dispute; provided, however, that in the event that the law of the State of Florida shall be deemed unenforceable due to the law of the state in which the customer resides, the arbitrator shall apply the law of the state in which the customer resides.
Notwithstanding anything herein to the contrary, the arbitrator shall apply the laws of the State of Florida and the FAA to interpret and enforce these Terms to arbitrate disputes and each of its provisions, including with regard to any issues over acceptance of these Terms to arbitrate disputes.
Judgment on the award rendered may be entered by any court of competent jurisdiction.
Statute of limitations is SHORT - BEWARE
16.9 Limitations Period.
Any claim arising out of or related to these Terms, an Annex, or the Services must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred, which means that you and Crypto.com will not have the right to assert the claim.
Contact a California and Arizona crypto dispute law firm
We can be reached at (877) 276-5084 or fill out our contact form.
