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
it does not include disputes about the validity, coverage or scope of this Provision or any part of this Provision. All such disputes are for a court and not the NTP to decide.
Company’s fee promise
Reviewed category: attorney-fees-paid-if-award-beats-offer
If you win an arbitration you start (meaning you recover more than we offered before the arbitration), we will pay your reasonable fees and costs for attorneys, experts and witnesses. ... But, unless required by law or to enforce this Provision, the NTP shall not award you any fees and costs you incur after we make a written offer to resolve a Claim for at least the amount the NTP awards you.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
The NTP may require you to pay our attorney's fees if: (1) the NTP finds that you have acted in bad faith under the standards in Federal Rule of Civil Procedure 11(b); and (2) this power does not make this Provision invalid. Also, you may be liable for certain arbitration fees under the manager's rules or applicable law or in a Group Arbitration, as provided below. Finally, the NTP or a court may award us some or all of our attorney's fees that result from your bad-faith breach of this Provision (but not if the power to assess such fees would make this Provision invalid).
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Before starting a lawsuit or arbitration, the Claimant must give the Respondent written notice of the Claim (a “Claim Notice”). ... The Claimant must give the Respondent a reasonable chance for at least 30 days to settle the Claim on an individual basis. If the Respondent gives notice that the Claimant has not complied with this section P and the Claimant does not dispute such notice, no arbitration manager or NTP may proceed under this Provision.
Mass-arbitration terms
Reviewed category: batching
Any group of 25-100 Claimants who have given Claim Notices that involve Common Issues and are not already participating in individual arbitrations under this Provision may form a "Qualifying Group" to participate jointly in a Group Arbitration. Also, we may form a Qualifying Group of 25-100 such Claimants. ... If a new Claimant asserts a Claim that involves a Common Issue in an existing Group Arbitration, either Party may require the new Claimant to join in the existing Group Arbitration if joinder will not make the Qualifying Group too large.
Small-claims carve-out
Reviewed category: available-standard-carve-out
either party may require that a small claims court resolve any individual Claim that such court may hear. But, either party may require arbitration of any appeal of a small-claims decision or any small-claims action brought on a class basis.
Opt-out
Reviewed category: general-with-window
If you do not want this Provision to apply, you must send us a signed notice within 60 calendar days after receipt of the Card after your Account is opened.
Unilateral modification
Reviewed category: consent-required-for-changes
We may waive any rights or amend this Provision at any time without your consent, solely to give you more rights and/or less duties. Any other change to this Provision needs your written consent.
Scope
Reviewed category: broad-plus-survives-termination
Solely as used in this Provision, the words "we," "us," and "our" mean: (1) TAB Bank; (2) Sunbit; (3) any servicer or any agent acting on behalf of TAB Bank or Sunbit; (4) the parents, subsidiaries, affiliates, assignees and successors of the companies named in (1)-(3); (5) the employees, directors, officers, shareholders, members and representatives of the companies named in (1)-(4); and (6) any person or company that is named in a Claim you pursue at the same time you pursue a related Claim against us, such as a credit reporting agency, a merchant accepting a credit card, a servicing company or a debt collector. ... If you do not opt out, this Provision will stay in force even if you: (1) cancel the Cardmember Agreement or Account; (2) stop using your Card; (3) default or pay the Account in full; or (4) become insolvent or bankrupt.
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
Is the arbitration confidential? Yes. 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. But, either party may disclose such information to the extent needed to pursue the arbitration, to appeal or confirm any award or to get professional services.
Shortened limitations period
Reviewed category: expressly-not-shortened
The NTP must honor statutes of limitation and privilege rights.
Severability if the class waiver is struck
Reviewed category: whole-clause-void-if-class-waiver-struck
if a court rules that the NTP can decide a Claim on a class or other representative basis and the ruling becomes final after all appeals, only this sentence will apply and the remainder of this Provision will be void.
Counsel or representation restrictions
Reviewed category: no-third-party-submission
You or a lawyer you have personally hired must sign the Claim Notice
Mass-arbitration numeric trigger
Reviewed category: group-arbitration-range
Stated term: “25-100” Claimants who have given Claim Notices involving Common Issues — recorded as 25
Any group of 25-100 Claimants who have given Claim Notices that involve Common Issues and are not already participating in individual arbitrations under this Provision may form a "Qualifying Group" to participate jointly in a Group Arbitration.