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-but-whole-contract-to-arbitrator
“Claim” does not include any dispute or controversy about the validity, enforceability or scope of this Arbitration Agreement or any part thereof (including, without limitation, the Class Action Waiver set forth below ...); all such disputes or controversies are for a court and not an arbitrator to decide. Any dispute or controversy that concerns the validity, enforceability or scope of the CAC Terms of Use as a whole is for the arbitrator, not a court, to decide.
Company’s fee promise
Reviewed category: hardship-or-request-conditioned
However, (a) we will pay or reimburse your share of the Arbitration Fees if you make a written request for us to pay such fees that is on your behalf individually and not on behalf of any other person, if you attempted but were unable to obtain a waiver of fees from the AAA or other arbitration organization, and if your request is reasonable and in good faith, and (b) we will pay or reimburse your Arbitration Fees if and to the extent you prevail against us in the arbitration or if required by applicable law.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
If the arbitrator determines that any party’s claim or defense is frivolous or wrongfully intended to oppress or harass the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party if such sanctions could be imposed under Rule 11 of the Federal Rules of Civil Procedure.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Prior to asserting a Claim (as such term is defined above) in court or in arbitration, the party asserting the Claim (the “Claimant”) shall give the other party (the “Potential Defendant”) written notice of the Claim (a “Claim Notice”) and a reasonable opportunity to resolve the Claim. ... The Potential Defendant shall have at least 30 days after receiving the Claim Notice to attempt to resolve the Claim except for Claims requiring some form of expedited injunctive relief in a shorter period. ... Any statute of limitations applicable to the Claim described in the Claim Notice shall be tolled during the period between the date that the Claim Notice is mailed and the later of: (1) 60 days after the Claim Notice is received, or (2) 30 days after either Claimant or Potential Defendant informs the other that good faith efforts to resolve the Claim informally have ceased (the “Tolling Period”). Unless prohibited by applicable law, (1) a lawsuit or arbitration proceeding may not be commenced unless the Claimant has complied with this Notice of Claim provision, (2) the court will have authority to enforce this Notice of Claim provision, including the power to dismiss or stay the filing or prosecution of a lawsuit or an arbitration unless the Claimant has complied with this Notice of Claim provision, and (3) the arbitration organization is without authority to accept or administer any arbitration proceeding prior to the termination of the Tolling Period unless the Claimant has complied with this Notice of Claim provision.
Mass-arbitration terms
Reviewed category: staged-bellwether
If your Claim is part of twenty-five (25) or more similar Claims asserted against us by the same or coordinated counsel or are otherwise coordinated (a “Mass Arbitration”) ... Your counsel and our counsel shall each pick twenty-five (25) cases (per side) to proceed in individual arbitration proceedings as part of an initial staged bellwether process. ... after completion of the first set of fifty (50) individual arbitration proceedings, they shall participate in a mediation session with a former state or federal court judge ... The statute of limitations and any filing fee deadlines shall be tolled for Claims subject to this process from the time the first cases are selected for a staged process until the time your case is selected to proceed as part of a staged process, settled, withdrawn, or otherwise resolved. A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands.
Small-claims carve-out
Reviewed category: available-standard-carve-out
You and we will not demand to arbitrate an individual Claim that you or we bring against one another that is within the jurisdiction of the small claims court or your or our state’s equivalent court, if any. But if that Claim is transferred, removed or appealed to a different court, we and you then have the right to demand arbitration. Moreover, if you or we bring any counterclaim or cross-claim that asserts class or other representative claims or is for more than the small claims court’s jurisdiction, the entire dispute (including the counterclaim or cross-claim) must, if you or we choose, be resolved by arbitration.
Opt-out
Reviewed category: general-with-window
If you do not want this Arbitration Agreement to apply to your use of the CAC and correlating services, you may reject it by mailing a written rejection notice via U.S. mail to Mariner Finance, LLC, Attn.: Customer Relations, Claim Notice, 8110 Corporate Drive, Nottingham, MD 21236, within 60 days after your acceptance of the CAC Terms of Use. The notice must include a statement that you reject the Arbitration Agreement, and your name, address, telephone number, and account number. You must sign the rejection notice in order for it to be effective.
Unilateral modification
Reviewed category: continued-use-is-acceptance
Company reserves the right to change any term or condition described in this Agreement at any time. If required by law, Company will give you prior notice of such changes. Such changes shall be effective as specified in our notice of change. By maintaining your Online Account after the effective date of the change, you evidence your agreement to the change.
Scope
Reviewed category: broad-plus-survives-termination
In this Arbitration Agreement, “we,” “us,” and “our” includes Mariner Finance, LLC, and its affiliates, subsidiaries, agents, employers, successors, and assigns and all of their employees, officers, directors and controlling persons, and any other person or company who provides any goods or services in connection with these CAC Terms of Use if you assert a Claim against such other person or company in connection with a Claim you assert against us. ... This Arbitration Agreement will survive the termination of your use of the CAC, regardless of reason for termination, the sale or assignment of your obligation by us to a third party, the repayment of some or all amounts owed under the note, and any bankruptcy by you, to the extent consistent with applicable bankruptcy law.
Confidentiality of the arbitration
Reviewed category: award-only
The arbitration award must be in writing. Any award must be kept confidential.
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 any part of this Arbitration Agreement is found by a court or arbitrator to be unenforceable, the remainder is enforceable, except that: (A) if the Class Action Waiver is limited, voided or found unenforceable in a proceeding between you and us, and that determination becomes final after all appeals have been exhausted,, then this Arbitration Agreement (except for this sentence) shall be null and void with respect to such proceeding; (B) if a Claim is brought seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court and any individual Claims seeking monetary relief will be arbitrated.
Counsel or representation restrictions
Reviewed category: no-third-party-submission
You may only submit a Claim Notice on your own behalf and not on behalf of any other party. No third party, other than a lawyer you have personally retained, may submit a Claim Notice on your behalf.
Mass-arbitration numeric trigger
Reviewed category: bellwether-trigger
Stated term: “twenty-five (25) or more” similar Claims — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
If your Claim is part of twenty-five (25) or more similar Claims asserted against us by the same or coordinated counsel or are otherwise coordinated (a “Mass Arbitration”)