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-arbitrator-except-class-waiver
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of this Arbitration Agreement, including the enforceability, revocability, scope, or validity of this Arbitration Agreement or any portion of this Arbitration Agreement, except that all Disputes arising out of or relating to class action waiver including any claim that it is unenforceable, illegal, void or voidable, or that it has been breached, shall be decided by the courts
Company’s fee promise
Reviewed category: mass-proceeding-fees-only
The Procedural Arbitrator's fees shall be paid by SeatGeek.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
The Informal Dispute Resolution process lasts 60 days and is a mandatory precondition to commencing arbitration. If we cannot reach an agreement to resolve the Dispute within sixty (60) days after email receipt of a Claimant or SeatGeek Notice, then either party shall have the right to submit the Dispute to binding arbitration or in small claims court as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for sixty (60) days from the date that either you or SeatGeek receive a Claimant or SeatGeek Notice so that the parties can engage in this informal dispute resolution process.
Mass-arbitration terms
Reviewed category: batching
in the event that there are twenty-five (25) or more individual arbitrations of a substantially similar nature filed against SeatGeek by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period NAM shall (1) administer the arbitration demands in batches of 100 claims per batch
Small-claims carve-out
Reviewed category: available-standard-carve-out
you or SeatGeek may bring a qualifying claim over a Dispute in a small claims court
Opt-out
Reviewed category: general-with-window
You have the right to opt out of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: SeatGeek Legal Department, 902 Broadway, Floor 10, New York, NY 10010, within 30 days after first agreeing or becoming subject to this Arbitration Agreement.
Unilateral modification
Reviewed category: fresh-rejection-right-per-amendment
For any material change, you may reject that change within thirty (30) days of such change becoming effective by writing SeatGeek... Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of this Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
any dispute, claim, or controversy between you and SeatGeek and/or its subsidiaries, affiliates, and/or any of their respective members, officers, directors, and employees (all such entities collectively referred to herein as the " SeatGeek Entities ")... including any dispute, claim, or controversy that arose before you accepted these Terms, regardless of whether prior versions thereof required arbitration
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
You and SeatGeek agree that the existence of the arbitration, all materials and documents exchanged during the arbitration proceedings, and the arbitration award shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Shortened limitations period
Reviewed category: shortened-to-1-year
One Year to Assert Claims. You and SeatGeek agree that regardless of any statute or law to the contrary, and except as tolled herein, any Dispute must be filed in arbitration or small claims court within one year after such claim arose or it will be forever banned.
Severability if the class waiver is struck
Reviewed category: narrow-severance
if a final decision is rendered, not subject to any further appeal or recourse, that any provision of this Subsection 14.13 (" Class Action Waiver ") is invalid or unenforceable as to a particular request for relief (such as a request for public injunctive relief), you and SeatGeek agree that that particular request for relief (and only that particular request for relief) shall be severed from the arbitration and may be litigated in the courts... The parties agree that any claims or requests for relief that are severed from an arbitration may not proceed in litigation and shall be stayed until all Disputes between the parties that remain in arbitration are finally resolved.
Counsel or representation restrictions
Reviewed category: individualized-conference-required
If you are represented by counsel, your counsel may participate in the conference, but you must also personally participate. The Informal Dispute Resolution Conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree.
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “twenty-five (25) or more” similar claims — recorded as 25
Window, as reviewed: within a ninety (90) day period
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
The NAM Mass Filing Supplemental Dispute Resolution Rules and Procedures (the " NAM Mass Filing Rules ") will apply if twenty-five (25) or more similar claims are asserted against SeatGeek by the same or coordinated counsel or are otherwise coordinated