As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-full
The parties hereby appoint the arbitrator the exclusive power to rule on any challenges to the requirement for the use of alternative dispute resolution process in these terms.
Company’s fee promise
Reviewed category: hardship-or-request-conditioned
If such costs are determined by the arbitrator to be excessive, Affirm will pay all arbitration fees and expenses.
Fee or cost shifting against the consumer
Reviewed category: company-fee-recovery-if-claim-filed-in-court
Should you file a claim contrary to this Section, Affirm may recover from you attorneys' fees and costs up to $1,500 per claim, provided that Affirm first has notified you in writing of the improperly filed claim and you have failed to promptly withdraw the claim
Pre-filing requirement
Reviewed category: encouraged-not-required
In the event of a dispute we encourage you first to contact Affirm at [email protected] to try resolving your problem directly with us.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
You and Affirm agree that any arbitration shall be limited to the dispute between Affirm and you individually. To the fullest extent permitted by law, (1) no arbitration shall be joined with any other
Small-claims carve-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: notice-then-continued-use
Affirm may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example by clicking on the "Confirm Charge" button below the updated agreement). If this Agreement is changed, Affirm will give notice to users by posting a new version of this Agreement on our website 7 days before that version becomes effective. If Affirm makes any changes to this Agreement that it deems to be material, Affirm will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted to our website from time to time to see if it has been changed.
Scope
Reviewed category: claims-between-the-parties-only
Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your visit to the Website, your use of the Affirm Services, a product offered or provided by or through the Website or Service, or otherwise arising out of or relating to this Agreement or the Services that cannot be resolved directly between you and Affirm shall be resolved by non-appearance based binding arbitration, rather than in court
Confidentiality of the arbitration
Reviewed category: silent
No provision on this field was extracted from the captured text.
Shortened limitations period
Reviewed category: shortened-to-1-year
You and Affirm both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms of Use or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.
Severability if the class waiver is struck
Reviewed category: narrow-severance
If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced.
Counsel or representation restrictions
Reviewed category: silent
No provision on this field was extracted from the captured text.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.