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Clause database · Home services and warranty

Progressive Leasing

Arbitration Clause

As captured on ; terms may have changed since.

Sector
Home services and warranty
Source
https://www.progleasing.com/en/arbitration-clause/
Captured from
the company’s own page, fetched live
Captured (UTC)
SHA-256 of the bytes as served
0fd12934bec40a1684ed188cab7f086decaec4b1ba5e95ab234656aeeacb4395
Date the document states
Last Revised: May 11, 2020

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

In addition, except as set forth in the immediately following sentence, “Claim” does not include disputes about the validity, enforceability, coverage, or scope of this Arbitration Provision or any part thereof (including, without limitation, subsections (6)(iii), (6)(iv) and/or (6)(v) (the “Class Action and Multi-Party Claim Waiver”), the last sentence of subsection (10) and/or this sentence); all such disputes are for a court and not an arbitrator to decide.

Consumer’s share of arbitration fees

Reviewed category: provider-rules-only-no-cap

Prog Leasing will consider any good faith request that the user makes for Prog Leasing to pay the administrator’s or arbitrator’s filing, administrative, hearing and/or other fees if the user cannot obtain a waiver of such fees from the administrator and Prog Leasing will not seek or accept reimbursement of any such fees that Prog Leasing agrees to pay.

Company’s fee promise

Reviewed category: award-floor-tied-to-refused-demand

If: (i) the user submits a Claim Notice in an arbitration Proceeding on the user’s own behalf (and not on behalf of any other party), and the user complies with all of the requirements (including timing and confidentiality requirements) of subsection (11); (ii) Prog Leasing refuses to provide the user with the money damages that the user requests; and (iii) the arbitrator issues the user an award that is greater than the latest money damages that the user requested at least ten days before the date the arbitrator was selected, then Prog Leasing will pay the user the amount of the award or $7,500, whichever is greater, in addition to the attorneys’ fees and expenses (including expert witness fees and costs) to which the user is otherwise entitled.

Fee or cost shifting against the consumer

Reviewed category: frivolous-or-rule-11-only

if the arbitrator finds that any Claim or defense is frivolous or asserted for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the arbitrator may award attorneys’ and other fees related to such Claim or defense to the injured party so long as such power does not impair the enforceability of this Arbitration Provision.

Pre-filing requirement

Reviewed category: mandatory-condition-precedent

the Complaining Party shall give the Defending Party: (1) a Claim Notice providing at least 30 days’ written notice of the Claim and explaining in reasonable detail the nature of the Claim and any supporting facts; and (ii) a reasonable good faith opportunity to resolve the Claim on an individual basis without the necessity of a Proceeding.

Mass-arbitration terms

Reviewed category: anti-consolidation-only

(v) JOIN OR CONSOLIDATE CLAIM(S) INVOLVING THE USER WITH CLAIMS INVOLVING ANY OTHER PERSON.

Small-claims carve-out

Reviewed category: available-standard-carve-out

“Claim” does not include any individual action brought by the user in small claims court or the user’s state’s equivalent court, unless such action is transferred, removed, or appealed to a different court.

Opt-out

Reviewed category: general-with-window

If the user does not want this Arbitration Provision to apply, the user may reject it within thirty (30) days of the user’s initial agreement to this Arbitration Provision.

Unilateral modification

Reviewed category: silent

No provision on this field was extracted from the captured text.

Scope

Reviewed category: broad-reaches-affiliates-and-third-parties

“Related Parties” means third parties that the user brings a Claim against at the same time that the user brings a Claim against Prog Leasing or any other Related Party, including, without limitation, any merchant who facilitated the user’s access to the Progressive Platforms.

Confidentiality of the arbitration

Reviewed category: pre-filing-negotiations-only

Neither the Complaining Party nor the Defending Party shall disclose in any Proceeding the amount of any settlement demand made by the Complaining Party or any settlement offer made by the Defending Party until after the arbitrator or court determines the amount, if any, to which the Complaining Party is entitled (before the application of subsection (12) of this Arbitration Provision).

Shortened limitations period

Reviewed category: expressly-not-shortened

The arbitrator shall follow applicable substantive law to the extent consistent with the FAA, applicable statutes of limitation and applicable privilege rules

Severability if the class waiver is struck

Reviewed category: whole-clause-void-if-class-waiver-struck

If any part of this Arbitration Provision cannot be enforced, the rest of this Arbitration Provision will continue to apply. However, if the Class Action and Multi-Party Claim Waiver is declared invalid in a proceeding between the user and Prog Leasing, without in any way impairing the right to appeal such decision, this entire Arbitration Provision (other than this sentence) shall be null and void in such proceeding.

Counsel or representation restrictions

Reviewed category: no-agent-opt-out

Nobody else can reject arbitration for the user (except an attorney at law that the user has personally retained); this is the only way the user can reject arbitration.

Mass-arbitration numeric trigger

Reviewed category: no-mass-filing-terms

The reviewed data records this category without a quotation.

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