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
Other than issues related to the Class Action Waiver (as defined below), the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement
Company’s fee promise
Reviewed category: pays-only-where-required-by-law
In all cases where required by law, the Company will pay the arbitrator's and arbitration fees. If under applicable law the Company is not required to pay all of the arbitrator's and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law.
Fee or cost shifting against the consumer
Reviewed category: court-equivalent-fee-shifting-imported
Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. In all cases where required by law, the Company will pay the arbitrator's and arbitration fees. If under applicable law the Company is not required to pay all of the arbitrator's and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law.
Pre-filing requirement
Reviewed category: optional-informal-period
Optional Pre-Arbitration Dispute Resolution and Notification. Before initiating arbitration, you and the Company may first attempt to resolve any Disputes informally for 30 days, unless this time period is mutually extended by the Parties.
Mass-arbitration terms
Reviewed category: batching
To the extent permitted by applicable law, to increase efficiency of resolution, in the event 25 or more arbitration demands of a similar nature are filed against the Company, presented by or with the assistance or involvement of the same law firm or organization, the Parties agree that this will constitute a "Mass Arbitration" and the following terms and procedures shall apply: The Parties shall cooperate to group the arbitration demands into randomized batches of no more than 100 demands per batch.
Small-claims carve-out
Reviewed category: available-standard-carve-out
this Arbitration Agreement shall not require arbitration of the following claims: individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis
Opt-out
Reviewed category: general-with-window
You may opt out from this Arbitration Agreement within 30 days after you first access or use the Platform by sending written notice of your decision to opt-out to [email protected] , using the subject line "Arbitration Opt-Out."
Unilateral modification
Reviewed category: effective-on-posting-or-without-notice
We may change this Agreement by posting modifications on the Platform. Unless otherwise specified by us, all modifications shall be effective upon posting.
Scope
Reviewed category: broad-plus-survives-termination
This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouses, heirs, third-party beneficiaries and assigns, where their underlying claim(s) arise out of or relate to your use of the Platform or Therapist Services. ... This Arbitration Agreement survives after the termination or expiration of the Parties' relationship.
Confidentiality of the arbitration
Reviewed category: pre-filing-negotiations-only
All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the Parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible as a result of its use in the negotiation.
Shortened limitations period
Reviewed category: expressly-not-shortened
All claims in arbitration are subject to the same statutes of limitation that would apply in court.
Severability if the class waiver is struck
Reviewed category: narrow-severance
In any case in which the dispute is filed as a class, collective, or other representative action; and there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class, collective, or other representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.
Counsel or representation restrictions
Reviewed category: expressly-permits-representation
You have the right to consult with counsel of your choice concerning this Arbitration Agreement and Class Action Waiver.
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “25 or more” arbitration demands of a similar nature — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
in the event 25 or more arbitration demands of a similar nature are filed against the Company, presented by or with the assistance or involvement of the same law firm or organization