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Clause database · Home services and warranty

Cinch Home Services

Home Warranty Agreement

As captured on ; terms may have changed since.

Sector
Home services and warranty
Source
https://www.cinchhomeservices.com/documents/20126/166640/HMS-MPP09A+04-16-LF-Sample.pdf/77583e5d-d950-02fb-97ca-b2c97d7de8c4?t=1602004392627
Captured from
the company’s own page, fetched live
Captured (UTC)
SHA-256 of the bytes as served
4084d044566ae836d0c11d5b60945a4923c8e87b3f13e27f399caf51951d50f4

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

The arbitrator is empowered to decide all Disputes and all questions related to the enforceability and scope of these Dispute Resolution provisions, including but not limited to the validity, interpretation and applicability of these Dispute Resolution provisions.

Consumer’s share of arbitration fees

Reviewed category: provider-rules-only-no-cap

Under the Arbitration Rules, although each party is required to pay certain administrative and arbitrator fees, the amount the consumer may be required to pay is limited. Each party to arbitration is responsible for its own attorney’s fees, if the party chooses to be represented by an attorney.

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: silent

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

Pre-filing requirement

Reviewed category: silent

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

Mass-arbitration terms

Reviewed category: anti-consolidation-only

No arbitration may proceed on a class or representative basis, and the arbitrator may not consolidate any arbitration proceeding governed by these Dispute Resolution provisions with any other person’s arbitration proceeding, and may not otherwise preside over any form of a representative or class proceeding.

Small-claims carve-out

Reviewed category: available-standard-carve-out

shall be resolved at the consumer’s choice by settlement or final and binding arbitration or in and through a small claims court having jurisdiction over such Disputes.

Opt-out

Reviewed category: silent

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

Unilateral modification

Reviewed category: notice-then-continued-use

A Buyer Conversion Warranty, Buyer Direct Warranty, Open Direct Warranty or New Home Warranty will automatically renew at the option of the Issuing Company and where permitted by state law, for successive one (1) year periods, unless cancelled by you or us in accordance with the cancellation provisions. You will be notified of any rate and/or coverage changes not less than thirty (30) days prior to the expiration of the warranty.

Scope

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

All disputes, controversies or claims of any sort, arising out of or in any way relating to this Agreement, its negotiation, and the Services provided pursuant to it, whether based in contract, tort, regulation, or any other legal or equitable theory (collectively “Disputes”)

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 determined to be invalid or unenforceable, in whole or in part, by any rule of law or public policy, all other conditions and provisions of this Agreement shall nevertheless remain in full force and effect.

Counsel or representation restrictions

Reviewed category: expressly-permits-representation

Each party to arbitration is responsible for its own attorney’s fees, if the party chooses to be represented by an attorney.

Mass-arbitration numeric trigger

Reviewed category: no-mass-filing-terms

The reviewed data records this category without a quotation.

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