Dispute Resolution Policy
Effective date: 03/2023
1031taxinfo.com, 1031 Real Estate Exchange Specialist, and Cooney & Associates are one in the same.
1031taxinfo.com ("the Website," "we," "us," or "our") strives to provide excellent service and resolve any issues or disputes that may arise with our clients in a fair and timely manner. If you have a dispute with us regarding any aspect of our services, we encourage you to contact us first to try to resolve the issue. If we are unable to resolve the dispute, we have the following dispute resolution procedures in place:
Mediation
In the event of a dispute, either party may request mediation to resolve the issue. Mediation is a voluntary and confidential process in which a neutral third party (the mediator) facilitates communication and negotiation between the parties in order to reach a mutually acceptable solution. The parties may agree on a mediator or request that one be appointed.
Arbitration
If mediation is unsuccessful or not desired, either party may request that the dispute be resolved through binding arbitration. Arbitration is a private process in which a neutral third party (the arbitrator) hears evidence and arguments from both parties and makes a final and binding decision on the dispute. The parties may agree on an arbitrator or request that one be appointed.
Governing Law and Jurisdiction
This dispute resolution policy shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of law. Any legal action or proceeding arising out of or relating to this policy shall be brought exclusively in the federal or state courts located in La Plata County, CO, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
Waiver of Jury Trial
Each party irrevocably waives any right to a jury trial in any legal action or proceeding arising out of or relating to this policy or the services provided by Cooney & Associates, Inc.
Changes to This Policy
We reserve the right to update this dispute resolution policy from time to time in order to reflect changes to our business practices or for other operational, legal, or regulatory reasons. We will notify you of any material changes to this policy by posting the updated policy on our website.
Contact Us
If you have any questions or concerns about this dispute resolution policy, please contact us at exchange@1031taxinfo.com.