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
“Claim” does not include disputes about the enforceability of this Arbitration Agreement, the scope of Claims covered by this Arbitration Agreement, the enforceability of the Class Action Waiver, compliance with Section D below ( Pre-Dispute Resolution ), Section I below ( Severability ), and/or this sentence, all of which are for a court and not an arbitrator to decide.
Company’s fee promise
Reviewed category: discretionary-consideration-only
If you cannot obtain a waiver of the Administrator’s fees that are your obligation to pay, we will consider – but are free to deny – a request by you for us to pay such fees based on your demonstration of financial hardship, although we will pay any of the foregoing fees and charges if and to the extent required in order to make this Arbitration Agreement enforceable.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
If the award is issued in your favor and is less than our settlement offer, you must pay our costs incurred after the offer was made, including any attorney’s fees, except that if applicable law prohibits such shifting of costs then the offer in this provision shall serve to cease the accumulation of further costs to which you may otherwise have been entitled.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Before any steps may be taken under Section F ( Arbitration ) below, a party must first commence and follow to completion the informal steps set forth in this Section D, which requires the parties to try resolving covered Claims informally with one another before such Claims are submitted to a formal adjudicative process. ... If a party submits a proper Claim Notice, and if the matter described therein remains unresolved, and either (a) the party receiving the Claim Notice did not request a Conference within sixty (60) days, or (b) the party receiving the Claim Notice did request a Conference within sixty (60) days and the parties thereafter participated in a Conference, then the party wishing to have a Claim decided (adjudicated) may proceed pursuant to Section F ( Arbitration ).
Mass-arbitration terms
Reviewed category: anti-consolidation-only
NEITHER YOU NOR WE WILL HAVE THE RIGHT TO: (1) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR CLASS OPPONENT, (2) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION, OR (3) JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON. NO ADMINISTRATOR AND NO ARBITRATOR SHALL HAVE AUTHORITY TO CONDUCT ANY SUCH CLASS, COLLECTIVE, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL OR MULTIPLE-PARTY PROCEEDING.
Small-claims carve-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: continued-use-is-acceptance
EACH TIME YOU SIGN IN TO OR OTHERWISE ACCESS OR USE THE SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE SERVICE (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE. Any new Terms or Additional Terms will be effective as to new use and transactions as of the time that we post them, or such later date as may be specified in them or in other notice to you. In the event any notice to you of new, revised, or additional terms is determined by a tribunal to be insufficient, the prior agreement shall continue until sufficient notice to establish a new agreement occurs. You can reject any new, revised or additional terms by discontinuing use of the Service.
Scope
Reviewed category: broad-plus-survives-termination
“We,” “us,” “our,” “National Debt Relief,” and “NDR,” mean National Debt Relief, LLC, and any of its affiliated companies, subsidiaries, successors, assigns, shareholders, directors, officers, employees, agents, representatives and insurers. ... (8) debt settlement, consolidation, verification, or management services you requested or we offered, provided, facilitated, introduced or helped you obtain, including but not limited to credit inquiries (and ramifications thereof) that occur as a result thereof; (9) attempts we make to collect amounts you owe to us; ... Survival. This Arbitration Agreement lasts for as long as you and we have Claims that may be asserted against each other. By way of example, this Arbitration Agreement shall survive our delivery of goods and services to you, the cancelation of any purchase, any refund to you, termination of any consumer agreement, your fulfillment or default of obligations under any contract, and/or your bankruptcy (to the extent permitted by law).
Confidentiality of the arbitration
Reviewed category: pre-filing-negotiations-only
You and we agree that a Conference shall not be recorded (whether by audio or video) by either party.
Shortened limitations period
Reviewed category: shortened-to-1-year
This Arbitration Agreement contains a contractual limitations period that applies to all Claims, where permitted by law. Thus, a Claim must be filed with the Administrator within 365 days after it arises. ... This period will be extended by 90 days, for a total of 455 days, if within the initial 365-day period, you properly initiate and comply with the requirements of Section D ( Pre-Dispute Resolution Process ). Under this Arbitration Agreement, you and we waive any and all statutes of limitation to the contrary. If a Claim is not filed with the Administrator within the time period described above, the party wishing to assert it will forever waive and lose the right to seek relief for that Claim.
Severability if the class waiver is struck
Reviewed category: class-waiver-declared-non-severable
THESE PROVISIONS OF THE CLASS ACTION WAIVER ARE AN ESSENTIAL PART OF THIS ARBITRATION AGREEMENT AND MAY NOT BE SEVERED FROM IT. ... Should a court determine the Class Action Waiver is invalid for any reason, the parties waive any right to arbitration of a class, collective, private attorney general, or group proceeding and instead agree and stipulate that their dispute will be heard only by a judge – and not an arbitrator or jury – to the maximum extent permitted by applicable law.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
(4) be personally signed by you. ... You and a representative of National Debt Relief are both mandatory participants at a Conference if one is requested. Your attorney or other representative, if any, may also participate at a Conference. ... Any Demand for Arbitration you file pursuant to this Arbitration Agreement must be signed personally by you, and any Demand for Arbitration we file will be signed by an authorized representative of National Debt Relief. No Demand for Arbitration may be administered by the Administrator or by an arbitrator unless and until the party filing the Demand for Arbitration complies with this requirement.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.