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
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.
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.