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: class-waiver-question-to-court-only
Any claim or dispute as to the enforceability of this arbitration provision's restrictions on your right to participate in or pursue a class action or class wide arbitration shall be decided by a court and not an arbitrator.
Company’s fee promise
Reviewed category: advance-recoverable-if-company-prevails
If Equifax prevails in the arbitration, then the arbitrator shall have the authority to require that You reimburse Equifax for the filing fees advanced, but only to the extent such fees would be recoverable by Us in a judicial action.
Fee or cost shifting against the consumer
Reviewed category: prevailing-party-cost-recovery
If Equifax prevails in the arbitration, then the arbitrator shall have the authority to require that You reimburse Equifax for the filing fees advanced, but only to the extent such fees would be recoverable by Us in a judicial action.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
If You desire to make a claim against Equifax or any Affiliated Person(s) concerning this Agreement, the Site, or the Product, You must first notify Equifax in writing of Your potential claim, the grounds for Your claim, and the relief You seek. You must allow Equifax no less than thirty (30) days to attempt to resolve the issue prior to formally asserting a claim. If You do not, neither Equifax nor any Affiliated Person(s) will be liable to You for the claim.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
No arbitration will be consolidated with any other arbitration proceeding without the consent of all parties.
Small-claims carve-out
Reviewed category: available-standard-carve-out
Notwithstanding anything in this Section, either You or Equifax may bring an individual action in small claims court as long as (i) the claim is not aggregated with the claim of any other person, and (ii) the small claims court is located in the same county and state as Your address that You most recently provided to Equifax according to Equifax's records in connection with this Agreement.
Opt-out
Reviewed category: general-with-window
You must notify Equifax in writing within 30 days of the date that You first accept this Agreement on the Site (for Products purchased from Equifax on the Site).
Unilateral modification
Reviewed category: continued-use-is-acceptance
We may amend this agreement from time-to-time. When We amend this agreement, We will post the amended Agreement on the Site. We will also send you an email alerting you that the Agreement has been amended. Your continued use of the Site or Products or payment for the Products constitutes Your acceptance of the amended Agreement If you do not accept the new Agreement, you must cancel your Product within 30 days of when we emailed you the notice.
Scope
Reviewed category: broad-plus-survives-termination
This arbitration obligation extends to claims You may assert against Equifax's parents, subsidiaries, affiliates, successors, assigns, employees, and agents. The term "Claim" shall have the broadest possible construction, except that it does not include any claim, dispute or controversy in which You contend that EIS violated the FCRA. Any claim, dispute, or controversy in which You contend that EIS violated the FCRA is not subject to this provision and shall not be resolved by arbitration.
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: whole-clause-void-if-class-waiver-struck
If, however, the class action waiver provision in Section 4 is found to be illegal or unenforceable, then the entire arbitration provision in Section 4 will be unenforceable, and any Claims (as defined in Section 4) will instead be decided by a court.
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.