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-court
All issues shall be for the arbitrator to decide except issues related to the scope, enforceability, interpretation, or formation of this arbitration agreement, which shall be for the court to decide.
Company’s fee promise
Reviewed category: reimburses-filing-fee
We will pay, or reimburse you for, all fees or costs to the extent required by law or the rules of the arbitration Administrator. Whether or not required by law or such rules, if you prevail at arbitration on any Claim against us, we will reimburse you for any fees paid to the Administrator in connection with the arbitration proceedings.
Fee or cost shifting against the consumer
Reviewed category: one-way-collection-or-enforcement-costs
As permitted by applicable law, you agree to pay all collection expenses actually incurred by us in the collection of amounts you owe under this Agreement (including court or arbitration costs and the fees of any collection agency to which we refer your Account) and, in the event we refer your Account after your default to an attorney who is not our regularly salaried employee, you agree to pay the reasonable fees of such attorney.
Pre-filing requirement
Reviewed category: notice-only-no-waiting-period
If you commence arbitration, you must provide us the notice required by the Administrator's rules and procedures.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
No class actions, joinder or consolidation of any Claim with a Claim of any other person or entity shall be allowable in arbitration, without the written consent of both you and us.
Small-claims carve-out
Reviewed category: available-standard-carve-out
Alternatively, you or we may pursue a Claim within the jurisdiction of the Justice of the Peace Court in Delaware, or the equivalent court in your home jurisdiction, or if against The Gap, Inc. (including any of its subsidiary brands) then in small claims court in California or the equivalent court in your home jurisdiction, provided that the action remains in that court, is made on behalf of or against you only and is not made part of a class action, private attorney general action or other representative or collective action.
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: notice-then-continued-use
We can change this Agreement, including the annual percentage rate and any fees, as permitted by applicable law. These changes may include the addition or deletion of provisions relating to your Account or to the nature, extent, and enforcement of the rights and obligations you or we may have under this Agreement. We will notify you of any change. Any change, including any increase or decrease in your APRs, will become effective at the time stated in our notice and will apply to those balances, including new transactions, on your Account as described in our notice.
Scope
Reviewed category: third-party-beneficiary-named-retailer
You and we acknowledge and agree that The Gap, Inc. (including its subsidiary brands) is an intended third-party beneficiary of this Arbitration section and may enforce it.
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: narrow-severance
In the event that there is a dispute about whether limiting arbitration of the parties’ dispute to non-class proceedings is enforceable under applicable law, then that question shall be resolved by litigation in a court rather than by the arbitrator; and to the extent it is determined that resolution of a Claim shall proceed on a class basis, it shall so proceed in a court of competent jurisdiction rather than in arbitration.
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.