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Clause database · Home services and warranty

TruGreen

Residential Service Terms and Conditions

As captured on ; terms may have changed since.

Sector
Home services and warranty
Source
https://www.trugreen.com/service-terms-and-conditions
Captured from
the company’s own page, fetched live
Captured (UTC)
SHA-256 of the bytes as served
de274a91c8a14f34b8694905ebbad884afc3a1719179f742414e29d0b13df3ff

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: class-waiver-question-to-arbitrator-only

Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable shall be determined only by an arbitrator in accordance with the Mandatory Arbitration provision set forth herein.

Consumer’s share of arbitration fees

Reviewed category: provider-rules-only-no-cap

Each party shall be responsible for paying its own attorneys’ fees, costs and expenses, but the arbitration fees and arbitrator compensation shall be payable as provided in the AAA Rules.

Company’s fee promise

Reviewed category: mass-proceeding-fees-only

the parties shall participate in a global mediation session before a retired state or federal court judge, and TruGreen shall pay the mediator's fee.

Fee or cost shifting against the consumer

Reviewed category: silent

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

Pre-filing requirement

Reviewed category: silent

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

Mass-arbitration terms

Reviewed category: staged-bellwether

ADDITIONAL RULES FOR MASS ARBITRATION. If twenty-five (25) or more similar Claims are asserted against TruGreen by the same or coordinated counsel or are otherwise coordinated (and Purchaser’s claim is one such Claim), Purchaser and TruGreen agree that these additional procedures set forth in this subsection will apply. ... Counsel for the claimants and counsel for TruGreen shall each select ten (10) Claims (per side) to proceed first in individual arbitration proceedings as part of a staged process. ... The remaining Claims shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those Claims until they are selected to proceed to individual arbitration proceedings as part of the staged process.

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: notice-then-continued-use

From time to time, upon written notice to you, TruGreen may amend this agreement, including by implementing a price increase for the services in your plan. If TruGreen does not hear from you within ten (10) days of such proposed amendment, the amendment shall become final.

Scope

Reviewed category: broad-reaches-affiliates-and-third-parties

Purchaser and TruGreen agree that any claim, dispute or controversy (“Claim”) between them or against the other or the employees, agents or assigns of the other, and any Claim arising from or relating to this agreement or the relationships which result from this agreement including but not limited to any tort or statutory Claim shall be resolved by neutral binding arbitration

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: class-waiver-declared-non-severable

The foregoing prohibition on consolidated, class action and private attorney general arbitrations is an essential and integral part of this arbitration clause and is not severable from the remainder of the clause.

Counsel or representation restrictions

Reviewed category: silent

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

Mass-arbitration numeric trigger

Reviewed category: bellwether-trigger

Stated term: “twenty-five (25) or more” similar Claims — recorded as 25

The trigger is conditioned on the claimants sharing, or coordinating, counsel.

If twenty-five (25) or more similar Claims are asserted against TruGreen by the same or coordinated counsel or are otherwise coordinated (and Purchaser’s claim is one such Claim)

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