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: 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.
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)