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
shall apply to any and all claims arising out of or relating to these Terms or your use of the Site (including without limitation the scope, enforceability, validity, or conscionability of this Mutual Arbitration Provision) ... any claim in court or arbitration that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by the court and not by an arbitrator.
Company’s fee promise
Reviewed category: pays-only-where-required-by-law
However, in all cases where required by law, Shipt will pay the Arbitrator’s and arbitration fees. If under applicable law Shipt is not required to pay all of the Arbitrator’s and/or arbitration fees, such fee(s) will be apportioned between the Parties in accordance with said applicable law, and any disputes in that regard will be resolved by the Arbitrator.
Fee or cost shifting against the consumer
Reviewed category: silent
No provision on this field was extracted from the captured text.
Pre-filing requirement
Reviewed category: notice-only-no-waiting-period
If either Party initiates arbitration, the initiating Party must notify the other Party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period.
Mass-arbitration terms
Reviewed category: silent
No provision on this field was extracted from the captured text.
Small-claims carve-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Opt-out
Reviewed category: general-with-window
In order to be effective, Your opt out notice must be provided within thirty (30) days of you creating your account with Shipt. You will not be subject to retaliation as a consequence of a decision to opt out
Unilateral modification
Reviewed category: continued-use-is-acceptance
We may make changes to these Terms from time to time in our sole discretion. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will also notify you of the new Terms (for example, by email to the address provided by you when registering or through a notification on our Site). Changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to the revised Terms, you should discontinue your use of the Site.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
You and Shipt mutually agree to resolve any justiciable disputes, past, present or future, between the Parties, or between you and any of Shipt employees, agents, parents, subsidiaries, affiliates, successors, or assigns, exclusively through final and binding arbitration instead of a court or jury trial.
Confidentiality of the arbitration
Reviewed category: silent
No provision on this field was extracted from the captured text.
Shortened limitations period
Reviewed category: shortened-to-1-year
Subject to applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
Severability if the class waiver is struck
Reviewed category: narrow-severance
In any case in which (1) the dispute is filed as a class or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. Shipt may lawfully seek enforcement of this Mutual Arbitration Provision and the Class Action Waiver and seek dismissal of such class or collective actions or claims. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Counsel or representation restrictions
Reviewed category: expressly-permits-representation
You have the right to consult with counsel of your choice concerning this Mutual Arbitration Provision and to be represented by counsel at any stage during the arbitration process.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.