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
ALL DISPUTES CONCERNING THE ARBITRABILITY OF A CLAIM (INCLUDING DISPUTES ABOUT THE SCOPE, APPLICABILITY, ENFORCEABILITY (INCLUDING, WITHOUT LIMITATION, WHETHER THE ARBITRATION AGREEMENT IS UNCONSCIONABLE), REVOCABILITY, OR VALIDITY OF THE ARBITRATION AGREEMENT AS WELL AS WHETHER THE RIGHT TO COMPEL ARBITRATION HAS BEEN WAIVED THROUGH LITIGATION CONDUCT) SHALL BE DECIDED BY THE ARBITRATOR, except as expressly provided below. ... Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the American Arbitration Association ("AAA") Rules, or the rules of any other arbitration provider agreed to by the parties or appointed by a court, disputes regarding the interpretation, applicability, or enforceability of this Section 17(b) may be resolved only by a court and not by an arbitrator.
Company’s fee promise
Reviewed category: award-floor-or-bonus-tied-to-settlement-offer
If the arbitrator issues you an award that is greater than the value of Lyft's last written settlement offer made after you fully complied with the Informal Notice procedure described in Section 17(d) above, and if neither you or Lyft appeals an award of more than U.S. $1,000,000 as described in Section 17(e)(7) below, then Lyft will pay you the amount of the award or U.S. $1,000, whichever is greater.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
Notwithstanding the foregoing, an arbitrator may award costs as provided in Federal Rule of Civil Procedure 68 or any state equivalents (which the parties agree shall apply in arbitration).
Pre-filing requirement
Reviewed category: notice-required-no-tolling
Except for Claims subject to Section 17(h), sending an Informal Notice will not toll the statute of limitations unless Lyft and you agree to tolling.
Mass-arbitration terms
Reviewed category: staged-bellwether
A first set of arbitrations will be resolved using bellwether proceedings if the claims are not resolved during pre-arbitration negotiations, if any. In this first stage, each side shall select up to 20 cases (40 cases total) to be filed in arbitration.
Small-claims carve-out
Reviewed category: available-standard-carve-out
small claims actions brought on an individual basis that are within the scope of such small claims court's jurisdiction, so long as the action is not removed or appealed to a court of general jurisdiction
Opt-out
Reviewed category: non-consumer-only
AS A DRIVER OR DRIVER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.
Unilateral modification
Reviewed category: continued-use-is-acceptance
Lyft reserves the right to modify the terms and conditions of this Agreement, including by changing or deleting existing terms or by adding new ones, and such modifications shall be binding on you upon your acceptance of the modified Agreement. Continued use of the Lyft Platform after modifications to this Agreement shall constitute your acceptance of such modifications. Drivers or driver applicants, however, may opt out of revisions to the Agreement's arbitration provisions with respect to certain claims as provided in Section 17 below.
Scope
Reviewed category: broad-plus-survives-termination
This Arbitration Agreement survives after the Agreement terminates or your relationship with Lyft ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Lyft (as defined above) as well as between you and our successors and assigns, employees, agents or shareholders. This Arbitration Agreement also applies to claims between you and Lyft's service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third-party beneficiaries of this Arbitration Agreement.
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
The arbitrator's ruling will not be binding or have preclusive effect in proceedings involving different Riders or Drivers.
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: narrow-severance
In any case in which: (1) the dispute is filed as a class, collective, or representative action or otherwise seeks relief that is not limited to the individual party seeking relief, and (2) there is a final judicial determination that this Section 17(b) is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver and all other provisions in this Section 17(b) shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
You and Lyft agree that you and a Lyft representative will personally appear (which can include appearance by videoconference) at the hearing (along with your and Lyft's respective legal counsel, if the parties are represented by counsel).
Mass-arbitration numeric trigger
Reviewed category: hybrid-bellwether-then-batching
Stated term: “25 or more” claimants who submit Informal Notices or Demands or seek to file arbitrations raising similar claims — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
If 25 or more claimants submit Informal Notices or Demands, or seek to file arbitrations raising similar claims and are represented by the same or coordinated counsel (regardless of whether the cases are submitted simultaneously), or if we initiate disputes raising similar claims against 25 or more claimants represented by the same or coordinated counsel