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Clause database · Home services and warranty

Choice Home Warranty

Terms of Service Agreement

As captured on ; terms may have changed since.

Sector
Home services and warranty
Source
https://www.choicehomewarranty.com/user-agreement/
Captured from
the company’s own page, fetched live
Captured (UTC)
SHA-256 of the bytes as served
4f994ea9ea48808dac918efb568f9f7171a7c4d6740c6365914d3600e355b39b

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 the 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 this Agreement is void or voidable. However, the preceding sentence shall not apply to the clause entitled “Class Action Waiver.”

Consumer’s share of arbitration fees

Reviewed category: silent

No provision on this field was extracted from the captured text.

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: court-equivalent-fee-shifting-imported

THE ARBITRATION AWARD MAY INCLUDE ATTORNEY’S FEES IF ALLOWED BY STATE LAW AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF PROPER JURISDICTION.

Pre-filing requirement

Reviewed category: mandatory-condition-precedent

MEDIATION: In the event of any dispute or controversy arising out of or relating to this Agreement, You agree to file a written claim with Us and allow Us 30 calendar days to respond to the claim.

Mass-arbitration terms

Reviewed category: anti-consolidation-only

In the event that You have multiple Agreements with Us, You must file 1 arbitration per Agreement. You hereby waive any right to bring 1 arbitration that covers multiple Agreements.

Small-claims carve-out

Reviewed category: limited-by-venue-or-condition

Wisconsin Residents: Unless You decide to file a claim solely in Your individual capacity in Wisconsin small claims court and notify Us in advance of Your decision to do so, any claim, dispute or controversy ... shall be resolved by 1 arbitrator through binding arbitration

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 WILL NOTIFY YOU IN WRITING 60 DAYS PRIOR TO ANY CHANGE TO THE MONTHLY-PLAN PREVAILING RATE OR YOUR AGREEMENT.

Scope

Reviewed category: claims-between-the-parties-only

Any claim, dispute or controversy, regarding any contract, tort, statute, or otherwise, arising out of or relating to this Agreement or the relationships among the parties hereto shall be resolved by one arbitrator through binding arbitration

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

If any provision of this Agreement is found to be contrary to law by a court of competent jurisdiction, such provision shall be of no force or effect; but the remainder of this Agreement shall continue in full force and effect.

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.

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