Updated: July 2012.
This Dispute Resolution Policy ("Dispute Resolution Policy") incorporates all terms, conditions rules, policies and guidelines on the Site, including the other Terms of Service, Terms of Escrow and Terms of Service for XPlace Billing & Payments.
Capitalized terms not defined in this Dispute Resolution Policy are defined here or elsewhere in the Terms of Service.
This Dispute Resolution Policy is effective as of January 1, 2012. Your continued use of the Site after such time will signify your acceptance of it. We reserve the right to modify the provisions in this Dispute Resolution Policy without prior notice to you, so please check back often for updates.
DISPUTE RESOLUTION
XPlace Dispute Resolution is for disputes over payments via the Site. If you are involved in a dispute involving feedback, ratings or evaluations, please refer to the Rating and Feedback section in the Terms and Conditions to find out in what circumstances XPlace will consider removing feedback.
WHAT ARE MY OPTIONS IF I HAVE A DISPUTE WITH ANOTHER MEMBER?
There are different dispute resolution mechanisms available:
1. Member Resolution - Member Resolution is a self-help dispute resolution process that is available for all Escrow Projects. To initiate the dispute resolution process, begin by filling out the online Dispute Resolution Request Form found in the "Experiencing Difficulties" section of the Project Workspace. In the Dispute Resolution Request, clearly document the details of the dispute and provide supporting documentation if relevant. If the project is an Escrow project with funds still held in Escrow, please make sure to clarify your request for release or refund of funds held in Escrow by detailing the remedy you are seeking as part of the Dispute Resolution. Once the Dispute Resolution Request is submitted, XPlace and the other party will be notified.
You may initiate the Dispute Resolution process by following the steps below:
- Click on the Home icon from the top navigation bar to go to "My XPlace".
- From "My XPlace", click the Project Name or Workspace link.
- Click the "Experiencing Difficulties?" link.
- Select the option to initiate a Dispute Resolution Request and enter all relevant information on the form.
After you've submitted the Dispute Resolution Request, the other party is then allowed 5 business days to review and submit their good faith response using the Project Workspace. The client and expert will have the opportunity to respond to each other with the goal of resolving the dispute swiftly and fairly. If there are funds held in escrow and a resolution is reached, the parties can state the terms to refund or release the disputed funds or any portion of the disputed funds.
2. XPlace Dispute Assistance - In the event the client and expert fail to resolve the dispute through the Member Resolution process, the expert or client have the right to request XPlace Dispute Assistance. If there are funds still in Escrow, XPlace will contact both parties to arrange a Dispute Assistance call. XPlace will facilitate the call with the goal to resolve the dispute. XPlace will not make a determination or assess blame.
3. Third-Party Mediation-Arbitration - If the job is an Escrow job and both Member Resolution and XPlace Dispute Assistance do not resolve the dispute or whether the client or expert have requested for Mediation-Arbitration assistance, either party will have the right to demand BINDING NON-APPEARANCE BASED Mediation-Arbitration by a third-party service chosen by XPlace.
The parties declare that by accepting XPlace Terms of Use they provide explicit written consent to attend the Mediation-Arbitration service whether online, by telephone or in person, and to appoint the Third-Party Mediation-Arbitration service (also known as "Mediator" or "Arbitrator") chosen by XPlace as a Mediator and as an Arbitrator for their case.
By accepting the XPlace Terms of Use you also accept the XPlace Dispute Resolution policy and agree to the following:
Both expert and client (also known as: "the parties") declare that if either party chooses Third-Party Mediation-Arbitration, the full name and contact details for each party will be provided to the third-party Mediation-Arbitration service. The parties also declare that any representative participating in the Mediation-Arbitration session shall have full and unconditional authority to fully settle the dispute between the parties.
The parties declare and agree to be fully bound by the process and outcome of all Mediation-Arbitration procedures as will be solely determined by the Third-Party Mediation-Arbitration service provider.
Posting Notice of Resolved Disputes. Any agreement resolving a dispute shall be posted as text or attachments in the Workspace for the disputed project or project payment.
Key Dates
For all disputes, you must be aware of the following key dates: "Breach Date" means the later of (1) the date on which the events causing the dispute with the other Member first took place, or (2) the date on which you learned, or reasonably should have learned, about those events. For a dispute involving payments or the delivery of a Deliverable for a Project, the "Breach Date" is either (a) the date of the Release of the payment to which the dispute relates, (b) the date payment was due to be released for a delivered Deliverable, or (c) the date a Deliverable was due to be delivered, as applicable.
"Final Escrow Release Date" means the date on which all funds are released from an Escrow Account, leaving it with 0.00 ILS.
"Dispute Limitations Date" means the date 30 days after the Breach Date.
"Mediation-Arbitration Limitations Date" means the date 30 days after the date a Dispute Resolution Request form is filed with XPlace.
"Claim Limitations Date" means the three-month anniversary of the Dispute Resolution Request Date (subject to any "tolling" or extension as described in the paragraph entitled "Limitations Period" below).
"Timesheet Review Period" means the period beginning when the Contractor submits a timesheet via the Site (no later than Thursday evening each week at 11:59 PM Israel Time (GMT + 2) and ending when the Client is required to approve or dispute the timesheet via the Site (within seven (7) calendar days of the week following the submission of the Timesheet).
HOW DO I INITIATE A DISPUTE RESOLUTION REQUEST?
Starting a Dispute. If you have a good faith dispute with another Member over an unreleased Escrow Payment, you have the right to submit a Dispute Resolution Request Form within 30 days of the Breach Date. This starts the Member Resolution process and you are the "Initiating Party." If you do not submit a Dispute Resolution Request Form within 30 days of the Breach Date, you irrevocably waive any right to make a claim and/or to demand XPlace Dispute Assistance or Third Party Mediation-Arbitration via the Site.
DISPUTES FOR WHICH XPLACE DISPUTE ASSISTANCE AND THIRD-PARTY MEDIATION-ARBITRATION ARE NOT AVAILABLE
If the Dispute is not eligible for XPlace Dispute Assistance and Third-Party Mediation-Arbitration, then the Client and Contractor will have three business days following the submission of a Dispute Resolution Request Form to resolve the Dispute between them and document the resolution in the Workspace. If Members do not resolve the dispute within three business days, and upon request by the parties, XPlace may refer them to a third-party mediator or arbitrator who could further assist in resolving the dispute.
DISPUTES FOR WHICH XPLACE DISPUTE ASSISTANCE AND THIRD-PARTY MEDIATION-ARBITRATION ARE AVAILABLE
For disputes where XPlace Dispute Assistance and Third-Party Mediation-Arbitration are available, the following terms apply:
Responding to a Dispute. If an Initiating Party properly initiates a Dispute on the Site, the other Member (the "Opposing Party") has five (5) business days to submit a Dispute Response. "Dispute Response" means that the Opposing Party provides a clear and detailed response, or counter-claim, to the Initiating Party's claims, including any potentially helpful arguments, file attachments and descriptions.
Failure to Respond. If the Opposing Party does not submit a Dispute Response to the Site within five (5) business days following the Initiating Party's submission of the Dispute Notice Form, XPlace will then notify the Opposing Party and request a response. If Opposing Party does not respond to XPlace within five (5) business days of XPlace's notification, then Client and Contractor will be deemed to have agreed to the remedy sought in the Dispute Resolution Request Form, as detailed by the Initiating Party.
HOW DOES XPLACE DISPUTE ASSISTANCE FOR ESCROW PAYMENTS WORK?
If XPlace receives a Dispute Notice and a Dispute Response, XPlace will notify both parties ("Call Notice") to request that they mutually schedule a dispute assistance call with an XPlace facilitator (the "Facilitator") to encourage a settlement of the dispute. The Call Notice will request a response within three business days. The Facilitator will act solely as a neutral third party and will have no further obligations. The Facilitator will not judge the dispute and will not make any award. No Facilitator is authorized to make any recommendation or guaranty to the parties regarding the dispute.
How XPlace Dispute Assistance proceeds from there can vary, depending on the scenarios below:
IF THERE ARE FUNDS REMAINING IN ESCROW
One Party Does Not Respond to the Call Notice
If one party responds to the Call Notice within five (5) business days, but the other does not, XPlace will give the non-responding party an opportunity to request Mediation-Arbitration. If the non-responding party still does not respond, the Contractor and Client will be deemed to have instructed XPlace Ltd. to release the disputed funds in escrow to the party that did respond to the Call Notice.
Neither Party Responds to the Call Notice
If neither party responds to the Call Notice within five (5) business days, XPlace provides both parties with the option to begin the Mediation-Arbitration process on or before the Mediation-Arbitration Limitations Date to start the Mediation-Arbitration process. If neither party initiates mediation-arbitration by the Mediation-Arbitration Limitations Date, then Client and Expert will be deemed to have authorized and instructed XPlace Ltd. to Release all funds in the Project's Escrow Account to the Client.
A Call Cannot Be Scheduled
Occasionally, because of time zone differences or other availability issues, a dispute resolution call cannot be scheduled at a suitable time for everyone involved. When that occurs, XPlace will notify both parties that either may request Mediation-Arbitration by or before the Mediation-Arbitration Limitations Date.
One Party Elects to Bypass the Dispute Call and Proceed Directly to Mediation-Arbitration
If one party elects to bypass the dispute call and proceed to Mediation-Arbitration after receiving a Call Notice, XPlace will initiate the Mediation-Arbitration process and charge each party its portion of the Mediation-Arbitration Fee.
Dispute Assistance Call Held; Parties Agree to Arbitration
If both parties agree to Mediation-Arbitration during XPlace Dispute Assistance, XPlace will initiate the Third-Party Mediation-Arbitration process and charge each party its portion of the Third-Party Mediation-Arbitration Fee.
Dispute Assistance Call Scheduled; One or Both Parties do Not Attend
If a dispute assistance call is scheduled and one party attends (the "Attending Party" ) but the other party does not give prior notice to XPlace of non-attendance and fails to attend (the "Non-Attending Party") the scheduled call, then XPlace Dispute Assistance is no longer available. In that case, XPlace will notify the Non-Attending party that it has two business days to demand Arbitration via the Site in accordance with the section entitled "Arbitration for Escrow Projects" below ("Non-Attendance Notice"). If the Non-Attending party does not demand Arbitration within two business days of the date of the Non-Attendance Notice, then Client and Expert will be deemed to have authorized and instructed XPlace to, and XPlace will, make the Release sought by the Attending Party. If a dispute assistance call is scheduled and both parties do not give prior notice to XPlace of nonattendance and both do not participate in the call, XPlace will notify both parties that they have until the Mediation-Arbitration Limitations Date to demand Mediation-Arbitration via the Site in accordance with the section entitled "Arbitration for Escrow Projects" below. If neither party demands Mediation-Arbitration on or before the Mediation-Arbitration Limitations Date, then Client and Expert will be deemed to have authorized and instructed XPlace to, and XPlace will, make the Release sought by the Attending Party.
IF THERE ARE NO FUNDS REMAINING IN ESCROW
If there are no funds remaining in Escrow, XPlace Dispute Assistance and XPlace Mediation-Arbitration are not available. The Dispute will be closed as there are no funds remaining in Escrow.
HOW DOES MEDIATION-ARBITRATION FOR A PROJECT WITH FUNDS IN ESCROW?
By using the Site, you agree that each party to a Member Contract has the right to demand Mediation-Arbitration after filing a Dispute Resolution Request Form if there are funds remaining in the Escrow Account. In any Arbitration, you and the other Member are each a "Dispute Party" and collectively the "Dispute Parties."
Any such Arbitration will be conducted by a neutral third-party dispute resolution service that XPlace will choose and engage in its sole discretion ("Arbitrator"). If the other Member demands Mediation-Arbitration in accordance with the foregoing, you agree to submit to the Arbitration.
XPlace has established preferred terms with an accredited mediation & arbitration service and a process for the transfer of all relevant case material, such as the Dispute Resolution Request and Response, Workspace communications, any status reports, and terms as negotiated and accepted on the site. The cost for Mediation-Arbitration varies depending on the amount of Escrow funds under dispute. For disputed escrow funds less than 3,000.00 ILS the cost of Mediation-Arbitration is 900.00 ILS. This cost is shared equally by the client, the expert, and by XPlace (300.00 ILS per party). For disputed escrow funds totaling more than 3000.00 ILS the cost of Mediation-Arbitration is 1,500.00 ILS (or 500.00 ILS per party). In both cases, XPlace subsidizes one third of the cost, up to 1,500.00 ILS (500.00 ILS per party), and up to 4 hours of third party Mediation-Arbitration services. Any Mediation-Arbitration fees incurred beyond this initial subsidy shall be borne equally by the disputing parties and payable directly to XPlace Ltd.
Filing the Case with the Arbitrator. When a Member (the "Arbitration Plaintiff") demands Arbitration then XPlace will initiate the Mediation-Arbitration process and notify the Arbitrator to contact the Dispute Parties directly.
Failure to Respond. After the Arbitration Plaintiff files its case with the Arbitrator, the Arbitrator will contact the other party ("Arbitration Respondent") to request that the Arbitration Respondent register for the Arbitration as well ("First Arbitration Notice"). If the Arbitration Respondent fails to submit to such Arbitration within five (5) calendar days after the First Arbitration Notice, XPlace will suspend the Arbitration Respondent's Account and send the Arbitration Respondent a notice that it must register for the case. If the Arbitration Respondent does not register for the case within 15 calendar days of the date of the First Arbitration Notice, then Client and Expert will be deemed to have authorized and instructed XPlace to, and XPlace will, make the Release sought by the Arbitration Plaintiff in the demand for Mediation-Arbitration.
Limitations Period for Mediation-Arbitration. If both Expert and Client fail to demand binding Mediation-Arbitration for an unresolved dispute by the Mediation-Arbitration Limitations Date, then Client and Expert will be deemed to have instructed XPlace to, and XPlace will, make the Release sought by the initiating Party.
THE DISPUTED PARTIES AGREE TO THE FOLLOWING MEDIATION-ARBITRATION TERMS
General
The Mediation-Arbitration service provider will specify whether the Mediation and /or Arbitration will be conducted online, by telephone or in person, or solely based on written submissions posted in the Project Workspace.
The Mediation-Arbitration procedures shall not involve any personal appearance by the Disputed Parties or witnesses unless otherwise mutually agreed by the Dispute Parties and approved by the Mediation-Arbitration service provider; and any judgment on the award rendered by the Mediation-Arbitration service provider may be entered in any court of competent jurisdiction.
All Mediation and Arbitration procedures are conducted according to the Israeli Law and governed by and construed in accordance with Israeli law, under the jurisdiction of the Courts of the state of Israel.
Subject to the Israeli law, any final judgment will be made by the arbitrator must be adhered to by both parties and by XPlace regarding the refund or release of funds held in Escrow and any other considerations.
You agree that the award made by the Mediation-Arbitration service provider is final, and that if the Mediation-Arbitration service provider delivers notice of any award to XPlace, then XPlace has the right to rely on and treat such notice as final, conclusive and XPlace shall act in reliance thereon.
Commencement of Mediation and its Duration
The Mediation will take place at a location, date and time to be agreed between the Mediation-Arbitration service providers and the parties and will continue on the following day if necessary.
Conclusion of the Mediation/Commencement of Arbitration
If there are any issues outstanding between the Disputing Parties at the conclusion of the period specified for Mediation above, the Mediator will arbitrate on such issues and for that purpose the parties agree and appoint the Mediation-Arbitration service provider chosen by XPlace to be the Arbitrator.
Settlement
If during the Mediation process an agreement is reached on all or some of the disputed issues, a written agreement shall be made by the disputed parties and the Third-Party Mediation-Arbitration service provider and the parties hereby agree to sign such agreement, in person or digitally by stating "I AGREE", as instructed by the Third-Party Mediation Arbitration service.
No agreement as to the terms of any settlement reached during the Mediation process shall be binding unless and until it is reduced to writing and signed by the parties in person, or by stating "I AGREE" in the Project Workspace. If one or more of the involved parties fails to sign such written agreement within 3 business days from the time such written agreement was sent to the parties or uploaded to the Project Workspace (the earlier of the two) the agreement will be cancelled and all issues will be immediately escalated to Arbitration. The Third-Party Mediation-Arbitration service provider has the right to allow additional time for signing such Mediation agreement at its sole discretion if it deems necessary.
The Disputed Parties agree to the following rules: (a) the Mediation-Arbitration service provider will specify whether the Mediation and /or Arbitration will be conducted online, in person, by telephone, or solely based on written submissions posted in the Workspace; (b) the Mediation-Arbitration shall not involve any personal appearance by the Disputed Parties or witnesses unless otherwise mutually agreed by the Dispute Parties and the Mediation-Arbitration service provider; and (c) any judgment on the award rendered by the Mediation-Arbitration service provider may be entered in any court of competent jurisdiction.
In the event of an Arbitration, before the Third-Party Mediation-Arbitration service provider renders its decision in the outstanding Dispute, each of the Disputed Parties will be allowed to upload to the Project Workspace one last closing statement or argument related to the dispute for review by the Mediation-Arbitration service provider prior to establishing its final decision.
UNLESS AGREED TO OTHERWISE BY THE THIRD-PARTY MEDIATION-ARBITRATION SERVICE PROVIDER, THE SOLE AND EXCLUSIVE MATERIALS ADMISSIBLE IN BOTH THE MEDIATION AND ARBITRATION PROCEDURES ARE THE CONTENTS OF THE WORKSPACE AS OF THE DATE THAT THE MEDIATION-ARBITRATION PROCESS COMMENCES.
XPlace will provide the Mediation-Arbitration service provider full access to all the information in the Workspace related to the disputed issues. You agree to be responsible for ensuring that the Workspace contains all documents and communications with the other Member related to the dispute.
Arbitration
The Third-Party Mediation-Arbitration service has the power to order on a provisional basis any relief which they would have power to grant in a final award.
The Arbitrator is authorized to designate the seat of the arbitration.
Confidentiality
By taking part in the Mediation-Arbitration the Parties undertake to each other and agree that:
(a) The entire Mediation-Arbitration is and will be kept confidential;
(b) The Parties, their Representatives and advisers and the Mediator-Arbitrator shall keep confidential all statements and all other matters whether oral or written including any settlement agreement relating to the Mediation-Arbitration except insofar as disclosure is necessary to implement and enforce such settlement agreement.
Independence
The Third-Party Mediation-Arbitration service provider may not act for either Disputing Party individually in any capacity with regard to the subject matter of the Mediation-Arbitration, and the Disputing Parties acknowledge that in acting under this policy, the Mediator-Arbitrator is not representing or giving legal advice to, nor assessing, upholding or protecting (or attempting to assess, uphold or protect) any rights of the Disputing Parties.
The Parties are encouraged to take legal advice in respect of all matters pertaining to the Mediation-Arbitration as they deem appropriate.
Costs
XPlace has established preferred terms with an accredited mediation & arbitration service and a process for the transfer of all relevant case material, such as the Dispute Resolution Request and Response, Workspace communications, any status reports, and terms as negotiated and accepted on the site. The cost for Mediation-Arbitration varies depending on the amount of Escrow funds under dispute. For disputed escrow funds less than 3,000.00 ILS the cost of Mediation-Arbitration is 900.00 ILS. This cost is shared equally by the client, the expert, and by XPlace (300.00 ILS per party). For disputed escrow funds totaling more than 3000.00 ILS the cost of Mediation-Arbitration is 1,500.00 ILS (or 500.00 ILS per party). In both cases, XPlace subsidizes one third of the cost, up to 1,500.00 ILS (500.00 ILS per party), and up to 4 hours of third party Mediation-Arbitration services. Any Mediation-Arbitration fees incurred beyond this initial subsidy shall be borne equally by the disputing parties and payable directly to XPlace Ltd.
The mentioned fees shall be paid by the disputing parties directly to XPlace by deducting the amount from the funds that the parties have in Escrow, or from their XPlace wallet or credit cards, all at XPlace's sole discretion. The parties declare that they agree to the above and are fully committed to pay all fees.
Exclusion of Liability
XPlace and the Third-Party Mediation-Arbitration service provider shall NOT be liable to the Parties for any act or omission whatsoever in connection with the services provided.
Deadline for XPlace Dispute Assistance and Arbitration
You must initiate XPlace Dispute Assistance or demand Mediation-Arbitration pursuant to this Dispute Assistance Process by the earlier of (i) the Claims Limitations Date or (ii) the Arbitration Limitations Date, or you irrevocably waive any right to make a claim or demand Mediation-Arbitration via the Site.
ARE THERE ANY FEES FOR ESCROW RELEASES FOLLOWING DISPUTE RESOLUTION?
Yes. All Escrow Releases under this policy are subject to the normal service fees and payment processing fees associated with Escrow Accounts, as detailed in the Terms of Service for XPlace Escrow. In the event that a portion or all of the escrow funds are returned to the client as part of a dispute resolution, any previously-charged escrow funding fees will not be eligible for a refund.
WHAT HAPPENS IF I DO NOT COMPLY WITH THIS POLICY?
Improperly Filed Claims. All claims, disputes or other disagreements between you and another Member that are covered by this Dispute Resolution Policy must be resolved in accordance with the terms in this Dispute Resolution Policy. All claims filed or brought contrary to these terms shall be considered improperly filed. Should you file a claim contrary to these terms, the other Member may recover attorneys' fees and costs up to 10,000.00 ILS, provided that the other Member has notified you in writing of the improperly filed claim, and you fail to promptly withdraw the claim.
Abuse. If you demand an excessive number of Mediation-Arbitrations, XPlace reserves the right to suspend or terminate your Account immediately without giving notice to you. However, any disputes for any Escrow Projects that existed prior to termination will be subject to the XPlace Terms of Service.
WHAT IF I HAVE A DISPUTE WITH XPLACE?
If a dispute arises between you and XPlace or any Affiliates, our goal is to resolve such dispute quickly and cost-effectively. Accordingly, you, XPlace and our Affiliates agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the XPlace Services in accordance with this section entitled "What if I Have a Dispute with XPlace." Before resorting to these alternatives, you agree to first contact XPlace directly to seek dispute assistance by emailing support [at] xplace.com.
Law and Forum for Disputes
This Agreement is governed in all respects by the laws of the State of Israel without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against XPlace or an Affiliate must be resolved by a court located in the city of Herzliya, Israel, or as described in the Mediation-Arbitration Option paragraph below. You hereby submit to the exclusive personal jurisdiction of the courts located within the city of Herzliya, Israel for the purpose of litigating all such claims or disputes.
Mediation-Arbitration Option
For any claim arising between you and XPlace or an Affiliate (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than 10,000.00 ILS, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based mediation-arbitration. A party electing Mediation-Arbitration must initiate such mediation-arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the ADR provider will specify whether the mediation-arbitration will be conducted by telephone, in person, online, or solely based on written submissions; (b) the mediation-arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award has the right to enter any judgment on the award in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section, XPlace or its Affiliate will be entitled to recover attorneys' fees and costs up to 500,000.00 ILS, provided that XPlace has notified you in accordance with this Agreement of the improperly filed claim, and you have failed to promptly withdraw the claim.
HOW LONG DO I HAVE TO FILE A CLAIM AGAINST ANOTHER MEMBER OR XPLACE?
You acknowledge and agree that you must initiate any claim, dispute, action, cause of action, suit, or demand whatsoever whether judicial or otherwise in connection with your use of the Site (collectively, a "Claim") prior to the Claims Limitations Date. You hereby irrevocably waive any right to initiate or make any such Claim against XPlace or any other Member on or after the Claims Limitations Date, whether initiated or made on the Site or in any other forum or any other manner and whether the Claim arises in contract, tort, statute, law, equity or otherwise.
In the case of the Mediation-Arbitration of a Dispute over an Escrow Project via the Site, the Arbitrator has the power to determine whether the Breach Date entered into XPlace's system is correct or if the Claims Limitations Date should be extended or "tolled" due to your reasonable reliance on the other Member's assurances that it would cure the breach.
If a Dispute for which Mediation-Arbitration is available under this policy has not been resolved and either (a) neither Dispute Party has demanded Mediation-Arbitration by the Arbitration Limitations Date, or (b) XPlace has closed the Dispute pursuant to this policy, then any further Claims in such Dispute will be forever barred.
Reminders and Limitations Date. In a Dispute between Members, XPlace will notify the Dispute Parties regarding an ongoing Dispute and the need to resolve it prior to the Claims Limitations Date.