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-full
It also includes disputes about the validity, coverage, or scope of this Agreement.
Company’s fee promise
Reviewed category: pays-only-where-required-by-law
we will pay all arbitration fees and costs required by law or required to enforce this Arbitration Provision.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
The Parties agree that the provisions of Federal Rule of Civil Procedure 68 shall apply to any Dispute and be enforced by the Arbitrator.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
The Claimant and Respondent must try to resolve the Dispute on an individual basis and without filing an arbitration or lawsuit for at least 30 days (the “Pre-Filing Period”).
Mass-arbitration terms
Reviewed category: staged-bellwether
If Claims qualify as a Mass Arbitration, counsel for the parties shall each select 5 claimants from each side (10 claimants total) to proceed in individual arbitrations as part of a staged process (“Stage One”), while all other claims are stayed.
Small-claims carve-out
Reviewed category: available-standard-carve-out
either you or we shall retain the right to seek adjudication in Small Claims Court of any matter within its jurisdiction. If an individual action originally brought in small claims court is transferred, removed, or appealed to a different court, it is then eligible for arbitration at either party’s request.
Opt-out
Reviewed category: general-with-window-30-days
This written notice must be received by us by the end of the 30th calendar day after you create an Account with us. ... If you opt out of arbitration, we reserve the right to terminate our relationship with you.
Unilateral modification
Reviewed category: supersedes-prior-arbitration-agreement
If there is an Arbitration Provision in place (“Prior Arbitration Provision") governing a prior agreement between you and the Sezzle (a “Prior Agreement") and you do not reject this Arbitration Provision, claims arising out of the Prior Agreement will be governed by this Arbitration Provision instead, unless you (i) previously opted out of arbitration or (ii) served notice of your claims on Sezzle or initiated a lawsuit or arbitration against the Sezzle asserting your claims prior to the effective date of this agreement in which case such claims will be governed by the Prior Agreement.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
the words “we,” “us,” and “our” mean: (i) WebBank and/or Sezzle Inc. (“WebBank/Sezzle Parties”); their parents, subsidiaries, affiliates, assignees and successors; (3) the employees, directors, officers, shareholders members and representatives of these companies; and (4) any person or company that you name in a Claim at the same tie you pursue a related Claim against us.
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
You and we agree to keep confidential all aspects of the arbitration, any confidential information produced in the arbitration and any arbitration award or decision.
Shortened limitations period
Reviewed category: expressly-not-shortened
The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitation and shall honor all claims of privilege recognized by law.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
if a determination is made that the Class Action Waiver is unenforceable, and that determination is not reversed on appeal, then the Arbitration provision sall be void in its entirety. Notwithstanding the foregoing, if a court of competent jurisdiction determines that the Class Action Waiver is unenforceable to a particular Claim or request for relief, and that determination is not reversed on appeal, then the parties agree that the particular Claim or request for relief may proceed in court but shall be severed and stayed pending arbitration of the remaining claims and requests for relief.
Counsel or representation restrictions
Reviewed category: counsel-certification-required
The attorney initiating an arbitration shall certify that each demand for arbitration complies with the requirements of Federal Rule of Civil Procedure 11(b) and that the party has complied with pre-arbitration requirements set forth above in the section captioned Pre-Suit Notice.
Mass-arbitration numeric trigger
Reviewed category: provider-rules-deferral
12.7.14 Mass Arbitration If a Claim is part of a “Mass Arbitration” under the Administrator’s rules, the parties agree that the additional procedures in this subsection shall apply.