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
All issues are for the arbitrator(s) to decide, except issues relating to arbitrability, the scope or enforceability of this Arbitration Agreement, or the interpretation or enforceability of Subsection (g) below (Class Action Waiver and Jury Trial Waiver) shall be for a court of competent jurisdiction to decide.
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: frivolous-or-rule-11-only
if the arbitrator finds at any time that a Claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with such Claim.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration. Failure to do so is a breach of this Arbitration Agreement, and no demand for arbitration shall be valid unless such written notice is provided and good faith discussions have been conducted.
Mass-arbitration terms
Reviewed category: staged-bellwether
if 25 or more similar Claims (including yours) are asserted against us by or through the same or coordinated counsel or are otherwise coordinated, then the resolution of your dispute will be subject to these Procedures for Mass Arbitration. ... Stage 1: Counsel for the claimants and counsel for us shall each select 10 cases (per side) to proceed first in individual arbitration proceedings. ... Following the global mediation in Stage 2, you or we may separately or by agreement, opt out of arbitration and elect to have your Claim heard in court consistent with this Arbitration Agreement.
Small-claims carve-out
Reviewed category: available-standard-carve-out
We agree not to invoke our right to arbitrate an individual Claim you may bring in small claims court, so long as the Claim remains in such court, is within that court’s jurisdiction, and advances only on an individual (non-class, non-representative) basis and seeks relief only applicable to you.
Opt-out
Reviewed category: general-with-window
You may opt out of this Arbitration Agreement for all purposes by sending an arbitration opt-out notice to Happen Bank, N.A., 2701 N Thanksgiving Way, Suite 300, Lehi, UT 84043, Attention: Legal Department, which is received at the specified address within 30 days of the date of your electronic acceptance of the Agreement.
Unilateral modification
Reviewed category: continued-use-is-acceptance
If you open the account (whether in-person, electronically, or by any other method permitted by us) or continue to use the account after receiving a notice of change or amendment, you agree to these rules. ... AMENDMENTS AND TERMINATION - We may amend or delete any term of this agreement. We may also add new terms to this agreement. In addition, we may suspend, modify, convert, or terminate a service, convert this account to another account type, or close this account for any reason. For any of these types of changes, we will give you reasonable notice in writing by any reasonable method including by mail, by any electronic communication method to which you have agreed, on or with a periodic statement, or through any other method permitted by law. If we close the account, we will tender the account balance to you or your agent personally, by mail, or by another agreed upon method. Reasonable notice depends on the circumstances, and in some cases, such as when we cannot verify your identity or we suspect fraud, it might be reasonable for us to give you notice after the change becomes effective.
Scope
Reviewed category: broad-plus-survives-termination
FOR PURPOSES OF THIS SECTION (ARBITRATION AGREEMENT), THE TERMS "WE," "US," AND "OUR" INCLUDE Happen Bank, NATIONAL ASSOCIATION, Happen Bank, Inc. AND/OR THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, RELATED PERSONS OR ENTITIES, AND ANY PREDECESSORS AND SUCCESSORS IN INTEREST; ANY SUBSEQUENT HOLDER OF ANY ACCOUNT OR LOAN YOU OBTAIN; AND ANY ASSIGNEE OF ANY CORRESPONDING ACCOUNT AGREEMENT OR LOAN AGREEMENT. ... The scope of this Arbitration Agreement is to be given the broadest possible interpretation that is enforceable. ... This Arbitration Agreement shall survive (i) the suspension, termination, revocation, closure of, or amendments to, the Agreement and/or this and any other relationship between you and us
Confidentiality of the arbitration
Reviewed category: pre-filing-negotiations-only
All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding
Shortened limitations period
Reviewed category: statement-error-reporting-bar
Failure to examine your statement and items and report any errors to us within 60 days of when we first send or make the statement available precludes you from asserting a claim against us for any errors on items identified in that statement and as between you and us the loss will be entirely yours.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
This Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is non-severable from this agreement to arbitrate Claims. ... If a court decides that any of the provisions of Subsection (g) is deemed invalid, limited or unenforceable, and all rights to appeal have been exhausted such that the court’s decision is final, then this Arbitration Agreement shall be null and void and you and we agree that in such instance any Claims shall be adjudicated in the State or Federal Courts in the State of Utah. The forgoing sentence notwithstanding, if a court decides that any of the provisions of Subsection (g) is found to prohibit an individual claim seeking public injunctive relief, then: (i) such prohibition against public injunctive relief shall be deemed unenforceable; and (ii) the remainder of Subsection (g) and this Arbitration Agreement shall remain valid and in force in all other respects.
Counsel or representation restrictions
Reviewed category: expressly-permits-representation
If either party is represented by counsel, that counsel may participate in the informal dispute resolution conference.
Mass-arbitration numeric trigger
Reviewed category: bellwether-trigger
Stated term: “25 or more” similar Claims — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
if 25 or more similar Claims (including yours) are asserted against us by or through the same or coordinated counsel or are otherwise coordinated, then the resolution of your dispute will be subject to these Procedures for Mass Arbitration