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
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.
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.