Clause database · Home services and warranty
American Home Shield
Real Estate Home Service Plan (Sample Agreement)
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-except-class-waiver
The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability or formation of this Agreement including any claim that all or any part of the Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”
Company’s fee promise
Reviewed category: silent
No provision on this field was extracted from the captured text.
Fee or cost shifting against the consumer
Reviewed category: silent
No provision on this field was extracted from the captured text.
Pre-filing requirement
Reviewed category: silent
No provision on this field was extracted from the captured text.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
The arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration.
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
AHS may, in its sole discretion, elect to continue to offer you coverage as of the end of your Agreement Term under AHS’ then-current terms and conditions. In the event AHS elects to continue to offer you coverage, you will be notified of the terms governing such coverage at least thirty (30) days prior to the end of your Agreement Term.
Scope
Reviewed category: claims-between-the-parties-only
Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise (“Claim”), arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved.
Confidentiality of the arbitration
Reviewed category: silent
No provision on this field was extracted from the captured text.
Shortened limitations period
Reviewed category: silent
No provision on this field was extracted from the captured text.
Severability if the class waiver is struck
Reviewed category: silent
No provision on this field was extracted from the captured text.
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.