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-court
The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority to decide issues related to the arbitrability of a dispute, the enforceability of any part of this Section 11 (Arbitration and Dispute Resolution Agreement (North and South America)), and either party’s compliance with Section 11.C (Informal Dispute Resolution).
Company’s fee promise
Reviewed category: hardship-or-request-conditioned
If you are using the Services as a consumer and your share of Arbitration Fees is more than you’d otherwise pay in court, let us know, and Etsy will pay the difference on your behalf.
Fee or cost shifting against the consumer
Reviewed category: court-equivalent-fee-shifting-imported
As in court, the arbitrator shall apply governing law and any counsel must comply with Federal Rule of Civil Procedure 11(b); and the arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise, and fee-shifting rules in the same way as a court would.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Before filing an arbitration, you and Etsy will try in good faith to resolve any Dispute informally. To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to [email protected] ... An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.
Mass-arbitration terms
Reviewed category: batching
if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel, the disputes must be arbitrated in batches of up to 100 claimants each (“Batch”).
Small-claims carve-out
Reviewed category: available-standard-carve-out
we each may (1) bring qualifying individual claims in “small claims” court, so long as those claims remain in small claims court
Opt-out
Reviewed category: new-users-only-30-days
If you are a new user of our Services, you can opt out of this Arbitration Agreement (excluding Section 11.I) within 30 days after you first accept the Terms. To opt out, you must send a timely email to [email protected]
Unilateral modification
Reviewed category: fresh-rejection-right-per-amendment
Etsy will notify you of material changes to this Arbitration Agreement at least 30 days before they become effective. You may reject future changes to the Arbitration Agreement by emailing [email protected] within 30 days after you receive notice
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
you and Etsy (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit our disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury, except in the limited circumstances described below. This Section 11 (which we’ll also refer to as the “Arbitration Agreement” or “Agreement”) applies only if you are a user in North or South America, and applies to the fullest extent allowable by law. ... in each case including disputes that arose before the effective date of these Terms
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
The arbitrator will not be bound by decisions reached in other arbitrations.
Shortened limitations period
Reviewed category: expressly-not-shortened
The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise, and fee-shifting rules in the same way as a court would.
Severability if the class waiver is struck
Reviewed category: narrow-severance
If there is a final decision (after exhaustion of all appeals) that any part of this Section 11.B is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies).
Counsel or representation restrictions
Reviewed category: individualized-conference-required
You and Etsy each will personally participate and can each bring counsel, but the conference must be individualized, even if the same firm(s) represent multiple parties.
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “25 or more” claimants who submit Notices of Dispute or file arbitrations raising similar claims — recorded as 25
Window, as reviewed: within a 90-day period
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims (i.e., with the same or similar facts or events and legal issues) and are represented by the same or coordinated counsel