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.
Four exclusion labels — not-captured, incorporated-terms-not-captured, partial-capture, opt-out-referenced-terms-not-captured — are shown in every partition and excluded from every count that assumes the text was read. The test is whether the text on which the field depends was read, not whether the document is awkward.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-except-procedural
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the Terms, including, but not limited to, any claim that all or any part of the Terms is void or voidable; however, in the event of a dispute about which particular version of the Terms you agreed to, a court will decide that specific question prior to the commencement of the arbitration.
Company’s fee promise
Reviewed category: pays-all-unless-frivolous
all other fees or expenses charged by JAMS will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose)
Fee or cost shifting against the consumer
Reviewed category: provider-fee-rules-apply-if-claim-found-improper
You will not be responsible for paying any other fees for the arbitration, other than the filing fee; all other fees or expenses charged by JAMS will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose).
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
before a party may commence an arbitration or assert a claim in small claims court, they will engage in the following informal dispute resolution process
Mass-arbitration terms
Reviewed category: incorporates-provider-rules-only
NOTICE REGARDING MASS ARBITRATION: In accordance with the JAMS Mass Arbitration Procedures and Guidelines, a Mass Arbitration is defined as 75 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination. For the avoidance of doubt, a Mass Arbitration will be administered in accordance with the JAMS Mass Arbitration Procedures and Guidelines, except as modified by the Terms.
Small-claims carve-out
Reviewed category: available-standard-carve-out
If a claim is within the jurisdiction of small claims court, either of the parties may (instead of arbitration) choose to take the claim to small claims court
Opt-out
Reviewed category: partial-capture
Not captured: the part of the document that would answer was not captured — shown in every partition and excluded from every count that assumes the text was read.
Unilateral modification
Reviewed category: consent-required-for-changes
We may update these Terms and our Other Policies from time to time to reflect changes in our Marketplace or how we do business, for legal, regulatory, or security reasons, to promote a safe and secure experience on our Marketplace, to prevent abuse of or harm to our Marketplace, or for other reasons. If we revise these Terms, we will update the Effective Date at the top. Any changes we make will only be binding on you if and when you agree to the updated Terms.
Scope
Reviewed category: broad-plus-survives-termination
THE PARTIES AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY DISPUTE, CLAIM, OR CONTROVERSY RELATING IN ANY WAY TO THE TERMS OR YOUR USE OF THE Marketplace, which includes all PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY OR THROUGH US—IRRESPECTIVE OF WHEN THAT DISPUTE, CLAIM, OR CONTROVERSY AROSE—WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AS SET FORTH IN THE TERMS, RATHER THAN IN COURT. ... This arbitration agreement is intended to be broadly interpreted and will survive termination of the Terms.
Confidentiality of the arbitration
Reviewed category: proceeding-confidential
the arbitration proceeding and all records pertaining to it—including but not limited to any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award—will be confidential and will not be disclosed to any third-party, except as necessary to obtain court confirmation of the arbitration award
Shortened limitations period
Reviewed category: partial-capture
Not captured: the part of the document that would answer was not captured — shown in every partition and excluded from every count that assumes the text was read.
Severability if the class waiver is struck
Reviewed category: narrow-severance
If any part of these Terms is not valid or enforceable, then that provision shall be deemed severable, meaning it will not affect the validity or enforceability of any remaining provisions.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
The parties will then personally meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this mutual arbitration agreement. If either party is represented by counsel, that party’s counsel may participate in the informal dispute resolution conference.
Mass-arbitration numeric trigger
Reviewed category: number-stated-procedure-deferred
Stated term: “75 or more” similar demands for arbitration — recorded as 75
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
a Mass Arbitration is defined as 75 or more similar demands for arbitration filed against the same party or related parties by individual claimants represented by either the same law firm or law firms acting in coordination