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-full
any controversy concerning whether a dispute or claim is arbitrable shall be determined by the arbitrator, not a court, including the scope, applicability, validity, enforceability, interpretation, or formation of this arbitration provision as well as the Agreement’s other terms and conditions, and any claim that all or any part of this arbitration provision or Agreement is void or voidable
Company’s fee promise
Reviewed category: pays-all-unless-frivolous
EXPERIAN WILL PAY ALL COSTS OF ARBITRATION, NO MATTER WHO WINS, SO LONG AS YOUR CLAIM IS NOT FRIVOLOUS.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Experian for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice''). ... If Experian and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Experian may commence an arbitration proceeding.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
Further, unless both you and Experian agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Small-claims carve-out
Reviewed category: available-standard-carve-out
either party may bring an individual action in small claims court
Opt-out
Reviewed category: change-rejection-only
we agree that if Experian makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in Experian Connect or other service, you may ... reject any such change and require Experian to adhere to the language in this provision if a dispute between us arises regarding such service.
Unilateral modification
Reviewed category: fresh-rejection-right-per-amendment
we agree that if Experian makes any change to this arbitration provision (other than a change to the Notice Address) during your membership in Experian Connect or other service, you may ... reject any such change and require Experian to adhere to the language in this provision if a dispute between us arises regarding such service.
Scope
Reviewed category: broad-plus-survives-termination
references to "Experian," "you," and "us" shall include our respective parent entities, subsidiaries, affiliates, agents, employees, predecessors in interest, successors and assigns, websites of the foregoing, as well as all authorized or unauthorized users or beneficiaries of services, products or information under this or prior Agreements between us. ... This arbitration provision shall survive termination of this Agreement.
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 this specific subparagraph (f) is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
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.