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 disputes about the validity, enforceability, coverage or scope of this Arbitration Agreement or any ... part thereof (including, without limitation, this sentence, the Class Action and Multi-Party Waivers or, subparts (A) and (B) of Section 11, captioned “Severability”); all such disputes are for a court and not an arbitrator to decide. Notwithstanding the foregoing, the term “Claim” includes any dispute about the validity or enforceability of this Note, as a whole; any such Claim is for the arbitrator, not a court, to decide.
Company’s fee promise
Reviewed category: award-floor-tied-to-refused-demand
If: (i) you submit a Claim Notice in accordance with this paragraph on your own behalf (and not on behalf of any other party); (ii) we refuse to provide the relief you request before an arbitrator is appointed; and (iii) an arbitrator subsequently determines that you were entitled to such relief (or greater relief), the arbitrator shall award you at least $7,500 plus any arbitration fees and attorneys’ fees and costs to which you may be entitled under this Arbitration Agreement or applicable law.
Fee or cost shifting against the consumer
Reviewed category: one-way-collection-or-enforcement-costs
Unless prohibited by law, we may charge you all amounts, including reasonable attorneys’ fees, collection agency fees, court costs (including fees and costs in an appellate or bankruptcy proceeding) and other collection costs that we incur in enforcing the terms of this Note. ... We will pay the reasonable and actual expense of our attorneys, experts and witnesses, regardless of which party prevails in the arbitration
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Prior to initiating, joining or participating in any judicial or arbitration proceeding ... Claimant shall give the other party written notice of the Claim (a “Claim Notice”) and a reasonable opportunity, not less than 30 days, to resolve the Claim.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
If you or we elect to arbitrate a Claim, YOU AND WE BOTH WAIVE THE RIGHT TO: (1) HAVE A COURT OR JURY DECIDE THE CLAIM; (2) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, WHETHER AS A CLASS REPRESENTATIVE, CLASS MEMBER OR OTHERWISE; (3) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (4) JOIN OR CONSOLIDATE CLAIM(S) WITH CLAIMS INVOLVING ANY OTHER PERSON IN COURT OR IN ARBITRATION.
Small-claims carve-out
Reviewed category: available-standard-carve-out
“Claim” does not include any individual action brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed, or appealed to a different court.
Opt-out
Reviewed category: general-with-window
You may reject this Arbitration Agreement by mailing a personally signed rejection notice to P.O. Box 3227, Wilmington, DE 19804-0227 certified mail, return receipt requested, within 60 days after the date of your first disbursement of loan proceeds.
Unilateral modification
Reviewed category: consent-required-for-changes
We may modify this Note if jointly agreed upon in writing by either the borrower or ... cosigner and us. Such modifications may include, but are not limited to, an agreement to increase the Total Loan Amount provided in the Disclosure after your right to cancel has expired. We may also unilaterally modify this Note to implement a replacement index(s) and/or a replacement margin(s) as provided in the section entitled “Interest” in this Note. We will notify you if these modifications occur.
Scope
Reviewed category: claim-definition-reaches-dealings-with-school
These terms also include any party named as a co-defendant with us in a Claim asserted by you, such as investors or potential investors, credit bureaus, credit insurance companies, closing agents, escrow agents, insurance agents, loan originators, rating agencies, loan servicers, debt collectors, loan guarantors, performance bond trustees, tuition recovery funds, the School, and any of the School’s financial aid offices or officers. ... (7) your dealings with the School, the quality of the education the School provides, or any acts or omissions by the School
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
No arbitration award involving the parties will have any preclusive effect as to issues or claims in any dispute involving anyone who is not a party to the arbitration, nor will an arbitration award in prior disputes involving other parties have preclusive effect in an arbitration between the parties to this agreement.
Shortened limitations period
Reviewed category: expressly-not-shortened
However, the applicable statute of limitations period for all purposes under this Note (including the right to collect a debt) will be the longer period provided by the law of the State where the Lender is located or the jurisdiction where you live. ... 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 portion of this Arbitration Agreement cannot be enforced, the rest of the Arbitration Agreement will continue to apply, except that (A) the entire Arbitration Agreement (other than this sentence) shall be null and void with respect to any Claim asserted on a class, representative or multi-party basis if the Class Action and Multi-Party Waivers are held to be invalid, subject to any right to appeal such holding
Counsel or representation restrictions
Reviewed category: no-agent-opt-out
Any Rejection Notice must include your name, address, telephone number and loan number. No other person may submit a rejection notice for you. ... You may only submit a Claim Notice on your own behalf and not on behalf of any other party.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.