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-but-whole-contract-to-arbitrator
"Claim" does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof ... all such disputes are for a court and not an arbitrator to decide. However, any dispute or argument that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator, not a court, to decide.
Company’s fee promise
Reviewed category: hardship-or-request-conditioned
if we receive a written request personally signed by you, stating that you cannot afford to pay your portion of said fees, we will pay them for you
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
Provided such an award is permitted by applicable law, the arbitrator may also allocate compensation, expenses, and administrative fees (which include filing and hearing fees) to any party upon the arbitrator's determination that the party's claim or counterclaim was filed for purposes of harassment or is patently frivolous.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
A lawsuit or arbitration proceeding may not be commenced unless the Claimant has complied with this Notice and Cure provision. A court will have authority to enforce this Notice and Cure provision, including the power to enjoin the filing or prosecution of arbitrations without first complying with said provision.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
absent the written consent of all parties, Claims brought by or against you may not be joined or consolidated with Claims brought by or against any other person
Small-claims carve-out
Reviewed category: available-standard-carve-out
You and we will not choose to arbitrate any individual Claim you or we bring in small claims court or your or our state’s equivalent court. This means you or we may bring an action in small claims court without being subject to arbitration. Moreover, if an arbitration demand has been made within the jurisdictional limits of the applicable small claims court, you or we may instruct the arbitration Administrator to close the case because the dispute should be decided by a small claims court. However, if a Claim is transferred, removed or appealed from small claims court to a different court, or if any Claim brought in small claims court exceeds the small claims court limit or attempts to change an individual Claim into a class or other representative Claim, you or we will then have the right to demand arbitration.
Opt-out
Reviewed category: general-with-window
A rejection notice is only effective if it is personally signed by you and if we receive it within 30 calendar days after the date we first provide you with a credit card agreement or written notice providing you a right to reject this Arbitration Provision.
Unilateral modification
Reviewed category: supersedes-prior-arbitration-agreement
This Arbitration Provision replaces any Prior Arbitration Agreement.
Scope
Reviewed category: broad-plus-survives-termination
the terms “we,” “us” and “our” mean a. the issuer of your Card named on the Summary and its successors and/or assigns, as well as any parent, subsidiary or affiliate of theirs and their employees, officers and directors (the “Bank Parties”); and b. any other person or company that provides any services in connection with this Agreement if you assert a Claim against such other person or company at the same time you assert a Claim against any Bank Party. ... This Arbitration Provision shall survive the repayment of all amounts owed under this Agreement, the closing of the Account, any legal proceeding and any bankruptcy to the extent consistent with applicable bankruptcy law.
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
Any finding, award or judgment from an arbitration of any Claim shall apply only to that arbitration.
Shortened limitations period
Reviewed category: expressly-not-shortened
The arbitrator must apply applicable substantive law consistent with the FAA and applicable statutes of limitations and claims of privilege recognized at law.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
if a determination is made that the Class Action Waiver is unenforceable, and that determination is not reversed on appeal, then the Arbitration Provision shall be void in its entirety.
Counsel or representation restrictions
Reviewed category: no-third-party-submission
You may only submit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.