Clause database · Education, health, and senior services
Navient
Legal Website Terms of Usage and Disclaimers
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
You and we also agree to delegate the issue of arbitrability to a court of competent jurisdiction, rather than to the arbitrator.
Company’s fee promise
Reviewed category: mass-proceeding-fees-only
To the extent the parties disagree on the application of the provisions of this paragraph, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of this paragraph and process. The Administrative Arbitrator’s fees shall be paid by us.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
we may seek our attorney’s fees and costs if the arbitrator finds your claims to be frivolous or brought for an improper purpose or otherwise not satisfying Federal Rule of Civil Procedure 11
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
At least 30 days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you, and identifying yourself by name and address, detailing your legal claims, the requested relief and requesting arbitration to Chief Legal Officer, 13865 Sunrise Valley Drive, Herndon, Virginia 20171
Mass-arbitration terms
Reviewed category: batching
You and we also agree that, if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period, our respective claim(s) will be arbitrated in a coordinated fashion such that JAMS shall (1) administer the arbitration demands together; (2) appoint one arbitrator for the coordinated demands (unless the parties agree otherwise); and (3) issue one set of filing and administrative fees due per side, one procedural calendar, and one hearing (if any) in a place to be determined by the arbitrator.
Small-claims carve-out
Reviewed category: available-standard-carve-out
you or we (1) may elect to assert claims in, or transfer claims to, small claims court if your or our claims qualify
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: continued-use-is-acceptance
Navient likewise may change the terms and conditions of the Terms from time to time with or without notice to you. ... Your continued access or use of the Site after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. The amended Terms supersede all previous versions.
Scope
Reviewed category: broad-plus-survives-termination
Any dispute, controversy, or claim between us arising out of or relating in any way to these Terms or the Site will be resolved by binding arbitration, rather than in court, except that you or we (1) may elect to assert claims in, or transfer claims to, small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders. ... This arbitration agreement will survive termination of the agreement.
Confidentiality of the arbitration
Reviewed category: silent
No provision on this field was extracted from the captured text.
Shortened limitations period
Reviewed category: shortened-to-1-year
You agree that regardless of any statute, regulation, or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
If this arbitration agreement is invalidated in whole or in part, by either a court or by JAMS (or another chose arbitral forum), then the entire arbitration agreement shall be null and void and either party may elect to proceed with the dispute in court.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
At least 30 days before beginning an arbitration proceeding, you must send an individualized letter personally signed by you, and identifying yourself by name and address ... either party may respond to the letter with a request for an informal dispute resolution conference between the parties by video, with counsel present if the party is represented, and the parties agree to so conduct such conference personally and individually in good faith before initiating arbitration.
Mass-arbitration numeric trigger
Reviewed category: coordination-trigger
Stated term: “more than one dispute” — recorded as 2
Window, as reviewed: within a ninety (90) day period
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
if more than one dispute arises against a party regarding the same or substantially similar issues filed by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period