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-except-class-waiver
This includes, without limitation, disputes concerning the validity, enforceability, arbitrability or scope of this Arbitration Provision or these Terms of Use ... Also, “Claim” does not include any challenge to the validity and effect of the Class Action and Multi-Party Waivers, which must be decided by a court.
Company’s fee promise
Reviewed category: pays-all-arbitration-fees
You will not be required to pay more than the consumer filing fee under the AAA Consumer Arbitration Rules. We will pay all remaining AAA administrative fees and arbitrator compensation, unless the arbitrator determines otherwise as permitted by applicable law.
Fee or cost shifting against the consumer
Reviewed category: court-equivalent-fee-shifting-imported
We will pay all remaining AAA administrative fees and arbitrator compensation, unless the arbitrator determines otherwise as permitted by applicable law. Each party bears its own attorneys’ fees and costs unless otherwise required by applicable substantive law.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
This subsection is a material and enforceable condition precedent to arbitration. At least thirty (30) days before initiating any arbitration or court proceeding regarding a Claim, the Claimant must send a written notice (“Claim Notice”) to the other party. ... The parties shall have thirty (30) days after receipt of a complete Claim Notice to attempt resolution, will participate in a good-faith settlement conference by phone or video conference with counsel if desired, and will not proceed to arbitration until this period expires.
Mass-arbitration terms
Reviewed category: incorporates-provider-rules-only
Multi-Party Waiver. Except as provided in the American Arbitration Association’s (“AAA”) Mass Arbitration Supplementary Rules when applicable, arbitration must be on an individual basis, which means Claims may not be joined or consolidated with Claims of any other person in arbitration or in court
Small-claims carve-out
Reviewed category: available-standard-carve-out
“Claim” does not include any individual action brought by me in small claims court or my state’s equivalent court, unless such action is transferred, removed or appealed to a different court.
Opt-out
Reviewed category: general-with-window
If you do not want this Arbitration Provision to apply, you must send us a signed notice within 30 calendar days of the date on which you first access or use this site or electronically submit an application for a product or service offered by us through this site.
Unilateral modification
Reviewed category: material-adverse-amendment-requires-rejection-right
we will not amend the Arbitration Provision and Class Action Waiver, described below, in a manner that adversely affects your rights or responsibilities in a material manner unless we give you a right to reject the amendment and/or the Arbitration Provision and Class Action Waiver in its entirety
Scope
Reviewed category: broad-plus-survives-termination
Except as otherwise expressly provided in this Arbitration Provision, College Ave and any bank or financial institution with which College Ave partners, together with their respective parents, subsidiaries, affiliates, successors, assigns, and their officers, directors, employees, agents, and service providers (collectively, “we” or “us”), and you agree that either party may elect to resolve any Claim through binding individual arbitration rather than in court. ... This Arbitration Provision survives termination of the Site, these Terms of Use, and any agreement between you and us.
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
Severability of Waivers. If the Class Action Waiver is held invalid as to a particular Claim, that Claim shall proceed in court, but the remainder of this Arbitration Provision shall remain enforceable to the fullest extent permitted by law.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
Any Claim Notice must (i) be personally signed by the Claimant; (ii) identify the Claimant’s name, address, telephone number, and, if applicable, loan or account number; (iii) describe the specific factual basis of the Claim; and (iv) state the specific relief sought. If a Claim against you is based on your failure to pay, sending you a statement fulfills this Claim Notice requirement. Claim Notices may be submitted only on an individual basis and not on behalf of any other person. ... will participate in a good-faith settlement conference by phone or video conference with counsel if desired
Mass-arbitration numeric trigger
Reviewed category: provider-rules-deferral
Window, as reviewed: 30 days informal Claim Notice/settlement conference period before arbitration
Except as provided in the American Arbitration Association’s (“AAA”) Mass Arbitration Supplementary Rules when applicable, arbitration must be on an individual basis, which means Claims may not be joined or consolidated with Claims of any other person in arbitration or in court