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: silent
No provision on this field was extracted from the captured text.
Company’s fee promise
Reviewed category: pays-all-arbitration-fees
Once the Dispute is submitted to the AAA for arbitration, each party must pay the appropriate filing fees. All expenses of the arbitrator and any AAA expenses shall be borne by SimpliSafe.
Fee or cost shifting against the consumer
Reviewed category: frivolous-then-prevailing-party-fees
If the arbitrator finds that a dispute is frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the prevailing party shall recover all fees paid to AAA and, at the arbitrator’s discretion, an award of reasonable attorney’s fees and costs.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of 60 days then, upon notice by either party to the other, such Dispute shall be finally settled by arbitration
Mass-arbitration terms
Reviewed category: batching
MASS ARBITRATION (which means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other)
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-60-days
SUBSCRIBER SHALL HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE BY PROVIDING WRITTEN NOTICE OF ITS INTENTION TO DO SO BY EMAILING [email protected] WITHIN 60 DAYS OF THIS AGREEMENT BECOMING BINDING UPON SUBSCRIBER FOR THE FIRST TIME.
Unilateral modification
Reviewed category: fresh-rejection-right-per-amendment
Within 30 days of the posting a revised Agreement on the Website, you have the right to reject changes that were made by providing written notice of your intent to opt out of any revised terms to this Agreement by emailing SimpliSafe at [email protected].
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
The provisions of this Agreement inure to the benefit of and are applicable to (i) any subcontractors engaged to provide any of the Services to you, including any monitoring facility and any Third Party Responder; and (ii) each of the SimpliSafe Parties (and any providers of Third-Party Products and Services, if any and solely as applicable), and bind you to all such persons or entities listed in the foregoing subsection (i) or (ii) with the same force and effect as they bind you to SimpliSafe. ... In the event of any dispute or disagreement between the parties (under tort law, contract law, including but not limited to auto renewal disputes, billing, or service disputes, etc), or claim or question by a party, arising from or relating to this Agreement or the breach hereof (collectively, a “Dispute”) ... NOTWITHSTANDING THE FOREGOING, THIS ARBITRATION AGREEMENT DOES NOT APPLY TO ANY CLAIM SEEKING DAMAGES IN TORT FOR BODILY INJURY, INCLUDING EMOTIONAL OR PSYCHOLOGICAL INJURY, OR PROPERTY DAMAGE OF ANY KIND, INCLUDING CLAIMS FOR LOSS OF USE OR DIMINUTION IN VALUE OF PROPERTY.
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
The parties agree that the arbitration shall be confidential.
Shortened limitations period
Reviewed category: shortened-to-1-year
All claims, actions or proceedings against SimpliSafe must be commenced within one (1) year after the cause of action has accrued, without judicial extension of time, or such claim, action or proceeding is barred.
Severability if the class waiver is struck
Reviewed category: narrow-severance
If any part of this paragraph related to Mass Arbitration is found to be unenforceable, the unenforceable portion shall be stricken, and the remainder of this paragraph and this Agreement shall be enforced to the maximum extent permitted by law.
Counsel or representation restrictions
Reviewed category: expressly-permits-representation
All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “25 or more” arbitration demands — recorded as 25
Window, as reviewed: within 180 days of each other
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
MASS ARBITRATION (which means 25 or more arbitration demands that: (i) are filed within 180 days of each other, (ii) allege similar or identical claims or causes of action, and (iii) either (a) the parties to those arbitration demands seek to simultaneously or collectively administer and/or arbitrate together, or (b) are filed by the same counsel or in coordination with each other)