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
The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either the Agreement or the arbitration clause, and whether any claim is subject to arbitration.
Company’s fee promise
Reviewed category: reimburses-filing-fee
If you initiate an arbitration, you are required to pay AAA’s initial filing fee, but we will reimburse you for the difference between that fee and the fee for filing a complaint in a federal or state court in your county (or parish) of residence, if any, when the arbitration ends.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
if the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
neither of us may commence any arbitration or court proceeding unless you and we are unable to resolve the claim(s) within 60 days after receipt of the Notice of Dispute, provided the party who sent the Notice of Dispute has made a good faith effort to resolve the claim during that time.
Mass-arbitration terms
Reviewed category: mass-action-waiver-no-number-or-procedure
YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION (THE “CLASS AND MASS ACTION WAIVER”)
Small-claims carve-out
Reviewed category: available-standard-carve-out
If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator.
Opt-out
Reviewed category: silent
No provision on this field was extracted from the captured text.
Unilateral modification
Reviewed category: continued-use-is-acceptance
If a change to the terms of our Services, Product, or Rate Plan will have a material adverse effect on you, we will provide at least 14 days' notice of the change. Your continued use of or payment for our Services or Product after the effective date of the change means you have accepted the changes.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
This includes any claims against other parties relating to Services, Products, or Devices provided or billed to you (such as our suppliers, dealers, authorized retailers, or third party vendors) whenever you also assert claims against us in the same proceeding.
Confidentiality of the arbitration
Reviewed category: evidence-reuse-ban
Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims.
Shortened limitations period
Reviewed category: shortened-to-2-years
To the extent permitted by law, you and we each also agree that an arbitration or court proceeding must commence within two (2) years of the date the claim arises.
Severability if the class waiver is struck
Reviewed category: narrow-severance
if a court or an arbitrator determines that any part of this arbitration provision or Class and Mass Action Waiver is unenforceable with respect to any claim, remedy, or request for relief, then the arbitration provision and Class and Mass Action Waiver will not apply to that claim, remedy, or request for relief. But the arbitration provision and Class and Mass Action Waiver will still apply to all other claims, remedies, and requests for relief that you or we may assert in that or any other action.
Counsel or representation restrictions
Reviewed category: authorization-to-share-account-with-counsel
You may be represented by an attorney or other person in that process. However, if you choose to do so, you must also submit a signed written authorization with your Notice of Dispute that allows us to discuss your account with your attorney or other representative.
Mass-arbitration numeric trigger
Reviewed category: mass-action-waiver-no-number-or-procedure
YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION (THE “CLASS AND MASS ACTION WAIVER”)