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
including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be resolved by binding arbitration
Company’s fee promise
Reviewed category: pays-filing-fees-plus-capped-attorney-contribution
Except for a demand determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process below, Chewy will pay the filing fees for both parties. ... if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Chewy will pay up to USD $1,000 of your attorneys’ fees and costs and expenses in connection with the arbitration if the arbitrator deems the payment of such amount is necessary to prevent the arbitration from being cost-prohibitive.
Fee or cost shifting against the consumer
Reviewed category: provider-fee-rules-apply-if-claim-found-improper
Except for a demand determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process below, Chewy will pay the filing fees for both parties.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice, along with any supporting documents and information, of its intent to file for arbitration. ... This provision is a precondition to any arbitration demand, and any party making an arbitration demand must certify that it has complied with the requirement when filing an arbitration demand and AAA may not accept any demand without this certification.
Mass-arbitration terms
Reviewed category: batching
in the event 100 or more similar individual arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to AAA or another arbitration provider (if AAA is unavailable) against Chewy within a 90-day period (or in otherwise close proximity), the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch
Small-claims carve-out
Reviewed category: available-standard-carve-out
you or Chewy can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: continued-use-is-acceptance
If we update these Terms, we will provide you with notice by updating the “Last Updated” date at the top. If you do not agree to changes to the Terms, you must close your account and stop using the Site. Your continued use of the Site will confirm your acceptance of any revised or updated terms.
Scope
Reviewed category: broad-plus-survives-termination
This arbitration agreement applies to any and all disputes occurring before or after this agreement and supersedes our previous arbitration agreements.
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-2-years
ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE EVENT(S) GIVING RISE TO SUCH CLAIM OR THE DATE OF THE RELEVANT PURCHASE, WHICHEVER IS EARLIER.
Severability if the class waiver is struck
Reviewed category: narrow-severance
If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general 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: batching-trigger
Stated term: “100 or more” similar individual arbitration demands — recorded as 100
Window, as reviewed: within a 90-day period (or in otherwise close proximity)
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
in the event 100 or more similar individual arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to AAA or another arbitration provider (if AAA is unavailable) against Chewy within a 90-day period