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 will have exclusive authority to resolve any Dispute, including, without limitation, Disputes regarding the interpretation, application, enforceability, revocability, scope, or validity of any portion of this Dispute Resolution Agreement, except that all Disputes regarding the subsection entitled "Waiver of Class and Other Non-Individual Relief" will instead be decided by a court of competent jurisdiction.
Company’s fee promise
Reviewed category: mass-proceeding-fees-only
EarnIn will pay the administrative arbitrator's fees.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
To the extent the arbitrator determines, following a party's presentation on the merits and the other party's response, that a party who commenced arbitration did not bring its claim(s) consistent with the Lawyer Certification or the standards set forth in Federal Rule of Civil Procedure 11(b), the parties agree that the arbitrator has the discretion, as part of its award, to impose sanctions by ordering that the party that issued the Demand reimburse the other party for all arbitration filing and administrative fees and arbitrator costs paid by that party under the Fee Schedules.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
This Informal Dispute Resolution process is mandatory for all Disputes and will last sixty (60) days from the date that you or EarnIn, as applicable, receive a written notice of the Dispute that meets the requirements described below.
Mass-arbitration terms
Reviewed category: batching
To help with efficient resolution of arbitrations, you and EarnIn agree that if there are 25 or more individual demands of a substantially similar nature filed against EarnIn by or with the assistance of the same law firm, group of law firms, or organizations, the following process (" Batch Arbitration ") will apply: NAM will group the individual demands into batches of up to 100 cases per batch for administration.
Small-claims carve-out
Reviewed category: available-standard-carve-out
you or EarnIn may assert claims in small claims court if such claims qualify and remain in small claims court
Opt-out
Reviewed category: general-with-window
You may opt out of this Dispute Resolution Agreement within 30 days after first becoming subject to this Agreement by sending an opt-out notice to [email protected] or by regular mail to EarnIn, Attn: Legal Department, 391 San Antonio Rd., Floor 3, Mountain View, CA 94040 . You will be subject to this Dispute Resolution Agreement unless and until we receive the Opt-Out Notice within the applicable 30-day period. ... Opting out of this Dispute Resolution Agreement will not affect (a) any other arbitration agreements that you may currently have with us, including any previous binding arbitration provisions to which you agreed and did not timely opt out, which will remain in effect, and (b) any arbitration agreements with us you may enter in the future.
Unilateral modification
Reviewed category: continued-use-is-acceptance
Subject to Section 10 below, EarnIn reserves the right to amend this Agreement and the Privacy Policy at any time and will post the revised Agreement at https://www.earnin.com/privacyandterms/terms-of-service (the " Terms of Service Site ") and Privacy Policy at https://www.earnin.com/privacy (the " Privacy Policy Site "). You should check the Terms of Service Site and Privacy Policy Site periodically for changes to this Agreement or the Privacy Policy. All changes will be effective upon posting. If you use the Sites or the Services after the effective date of any change to this Agreement or the Privacy Policy, you will be subject to the updated version of this Agreement or the Privacy Policy, as applicable. ... Regardless of any other term of this Agreement to the contrary, EarnIn will notify you of any future material change to this Dispute Resolution Agreement. 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 Dispute Resolution Agreement do not provide you with a new opportunity to opt out of your previous agreement to arbitrate. If you use the Sites or the Services after the effective date of any change to this Dispute Resolution Agreement, your continued use will be deemed your agreement to such changes.
Scope
Reviewed category: broad-plus-survives-termination
A Dispute includes claims based on events that occurred prior to the effective date of this Agreement and claims based on events that may arise after the termination of this Agreement.
Confidentiality of the arbitration
Reviewed category: documents-exchanged-confidential
You and EarnIn agree that all materials and documents exchanged during the arbitration proceedings will be kept confidential and will not be shared with anyone except the parties’ attorneys, accountants, or business advisors, or as required by law including by state or federal regulators
Shortened limitations period
Reviewed category: expressly-not-shortened
you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Severability if the class waiver is struck
Reviewed category: batching-tied-whole-clause-void
if Subsection 12(i) of this Dispute Resolution Agreement is found under the law to be invalid or unenforceable then, in that case, this entire Dispute Resolution Agreement will be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Santa Clara County, California.
Counsel or representation restrictions
Reviewed category: counsel-certification-required
The lawyer must also sign the Demand, certifying to the best of the lawyer’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that, consistent with Federal Rule of Civil Procedure 11(b)
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “25 or more” individual demands of a substantially similar nature — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
if there are 25 or more individual demands of a substantially similar nature filed against EarnIn by or with the assistance of the same law firm, group of law firms, or organizations