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: 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: 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: silent
No provision on this field was extracted from the captured text.
Small-claims carve-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: continued-use-is-acceptance
Earnest reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service and our Privacy Policy, at any time. ... You agree to check these Terms of Service and our Privacy Policy periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
Any dispute or claim relating in any way to the Site, its content or these Terms of Service (a “Claim”) will be submitted to and resolved on an individual basis by binding arbitration ... These terms include any party named as a co-defendant with Earnest in a Claim asserted by you.
Confidentiality of the arbitration
Reviewed category: silent
No provision on this field was extracted from the captured text.
Shortened limitations period
Reviewed category: shortened-to-1-year
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Site or its content must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Severability if the class waiver is struck
Reviewed category: narrow-severance
If any provision of these Terms of Service or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Service, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.
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.