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
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except that all Claims regarding the Section 19.10 entitled “Waiver of Class and Other Non-Individualized Relief,” ... shall be decided by a court of competent jurisdiction and not by an arbitrator.
Company’s fee promise
Reviewed category: mass-proceeding-fees-only
The Administrative Arbitrator’s fees shall be paid by Dave.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
You and Dave agree that at least fourteen (14) days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
The Informal Dispute Resolution process lasts forty-five (45) days and is a mandatory precondition to commencing arbitration.
Mass-arbitration terms
Reviewed category: batching
NAM shall (1) administer the arbitration Demands in batches of 100 Demands per batch (or, if between twenty-five (25) and ninety-nine (99) individual Demands are filed, a single batch of all those Demands...); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award
Small-claims carve-out
Reviewed category: available-standard-carve-out
will be resolved by binding arbitration, rather than in court, except that you and Dave may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court
Opt-out
Reviewed category: general-with-window
You have the right to opt out of this Arbitration Agreement by sending a written notice of your decision to opt out to [email protected] (“Opt-Out Notice”), within sixty (60) days after first becoming subject to this Arbitration Agreement. ... Opting out of this Arbitration Agreement has no effect on any arbitration agreements that you may currently have with us, including any previous versions of this Arbitration Agreement to which you agreed and did not timely opt out, which will remain in effect, and has no effect on any arbitration agreements with us you may enter in the future.
Unilateral modification
Reviewed category: continued-use-is-acceptance
You and we agree that Dave retains the right to modify this Arbitration Agreement in the future. Any such changes will be posted at dave.com and you should check for updates regularly. Notwithstanding any provision in this Agreement to the contrary, we agree that if Dave makes any future material change to this Arbitration Agreement, it will notify you. Your continued use of the Services constitutes your acceptance of any such changes. If you have previously agreed to a version of this Agreement with an arbitration agreement and you did not validly opt out of arbitration then, changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. Dave will continue to honor any valid opt outs of previous agreements to arbitrate that you made in connection with a prior version of this Agreement.
Scope
Reviewed category: broad-plus-survives-termination
“Dispute” will also include disputes regarding known or unknown claims that were not noticed prior to you first becoming subject to this Agreement but that involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement. ... This Arbitration Agreement shall survive the termination of this Agreement.
Confidentiality of the arbitration
Reviewed category: documents-exchanged-confidential
You and Dave agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Shortened limitations period
Reviewed category: shortened-to-2-years
any Dispute between you and Dave as detailed in this Arbitration Agreement must be initiated within two (2) years after the cause of action accrues unless federal or California law, or another agreement you have with us, provides for a shorter period of time, in which case, that shorter period of time shall govern; otherwise, such cause of action will be forever time barred.
Severability if the class waiver is struck
Reviewed category: batching-tied-whole-clause-void
However, if Section 19.9 entitled “Batch Arbitration” of this Arbitration Agreement is found under the law to be invalid or unenforceable then, in that case, the entire Arbitration Agreement shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Los Angeles County, California to the maximum extent permitted by law and, otherwise, in a court of competent jurisdiction.
Counsel or representation restrictions
Reviewed category: individualized-conference-required
The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “twenty-five (25) or more” individual Demands of a substantially similar nature — recorded as 25
Window, as reviewed: a reasonably proximate period of time, e.g. a ninety (90) day period (given as an example, not a fixed rule)
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
in the event that there are twenty-five (25) or more individual Demands of a substantially similar nature filed against Dave by or with the assistance of the same law firm, group of law firms, or organizations (“Claimants’ Counsel”), within a reasonably proximate period of time, for example, a ninety (90) day period