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Clause database · Home services and warranty

Sunrun

Sunrun BrightBuy with Protection Plus Agreement

As captured on ; terms may have changed since.

Sector
Home services and warranty
Source
https://documents.dps.ny.gov/public/Common/ViewDoc.aspx?DocRefId=%7BC6CEBFB0-F2BF-4236-84E7-065F00DEF658%7D
Captured from
a copy on a state agency's website (documents.dps.ny.gov)
Captured (UTC)
SHA-256 of the bytes as served
107b26b55638591f4da935f31c926fb55725926304bae23d6e8d0ce69fc275ed

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

ARBITRATION. IF THE PARTIES CANNOT RESOLVE THE DISPUTE INFORMALLY, THE ... DISPUTE, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, WILL BE RESOLVED BY BINDING ARBITRATION BEFORE ONE ARBITRATOR.

Consumer’s share of arbitration fees

Reviewed category: filing-fee-paid-or-reimbursed

Sunrun will pay the costs for initiating arbitration proceedings whether you or Sunrun prevails in arbitration. Other fees, such as attorneys’ fees and expenses of travel to the arbitration, will be paid in accordance with JAMS Rules. If the arbitrator finds in your favor, Sunrun will pay your attorney’s fees and expenses of travel to the arbitration.

Company’s fee promise

Reviewed category: pays-costs-plus-fees-if-consumer-wins

Sunrun will pay the costs for initiating arbitration proceedings whether you or Sunrun prevails in arbitration. ... If the arbitrator finds in your favor, Sunrun will pay your attorney’s fees and expenses of travel to the arbitration.

Fee or cost shifting against the consumer

Reviewed category: prevailing-party-fees

THE ARBITRATOR MAY, IN THE AWARD, ALLOCATE ALL OR PART OF THE COSTS OF THE ARBITRATION, INCLUDING THE FEES OF THE ARBITRATOR AND THE REASONABLE ATTORNEY FEES OF THE PREVAILING PARTY.

Pre-filing requirement

Reviewed category: mandatory-condition-precedent

If the Parties do not reach an informal agreement to resolve the Dispute within forty-five (45) days after the notice of Dispute is received, you or Sunrun may commence a formal proceeding as detailed below. All applicable statutes of limitation and defenses based upon the passage of time shall be tolled for the 45 days during which the parties try to informally resolve any Dispute.

Mass-arbitration terms

Reviewed category: anti-consolidation-only

NEITHER YOU NOR SUNRUN MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER ”CUSTOMERS”

Small-claims carve-out

Reviewed category: silent

No provision on this field was extracted from the captured text.

Opt-out

Reviewed category: silent

No provision on this field was extracted from the captured text.

Unilateral modification

Reviewed category: consent-required-for-changes

If Sunrun requests a modification to the terms of the Agreement, Sunrun will notify you in writing of the ... requested change and will ask you to accept the modified terms by executing a change order.

Scope

Reviewed category: claims-between-the-parties-only

This Section sets forth the procedure for resolving disputes related to the Agreement (the "Dispute").

Confidentiality of the arbitration

Reviewed category: silent

No provision on this field was extracted from the captured text.

Shortened limitations period

Reviewed category: silent

No provision on this field was extracted from the captured text.

Severability if the class waiver is struck

Reviewed category: narrow-severance

If any provision is declared to be invalid, that provision will be deleted or modified, and the rest of the Agreement will remain enforceable.

Counsel or representation restrictions

Reviewed category: silent

No provision on this field was extracted from the captured text.

Mass-arbitration numeric trigger

Reviewed category: no-mass-filing-terms

The reviewed data records this category without a quotation.

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