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
Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement... However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes concerning the Class Action Waiver and Mass Action Waiver
Company’s fee promise
Reviewed category: hardship-or-request-conditioned
If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer notwithstanding the withdrawal of the offer.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference.
Mass-arbitration terms
Reviewed category: batching
The parties expressly waive the right to have any dispute, claim, lawsuit, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration—except as provided below in Section 2(a)(3)(c). ... The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or Uber are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Uber’s behalf. ... If the arbitrator or panel of arbitrators determines that any party has violated the Mass Action Waiver, the parties shall each have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision. ... After proceedings before the Special Master have concluded, to the extent any of the Mass Arbitration Demands are permitted to proceed, the parties shall organize the Mass Arbitration Demands into groups of no more than 100 demands per group by state of residence, and then alphabetically by last name (plus, to the extent there are less than 100 arbitration demands left over after the grouping described above, a final group consisting of the remaining demands), and shall inform the arbitration provider of the groups and their compositions within 14 days of the conclusion of proceedings before the Special Master. The arbitration provider shall assign each group of claims to a single arbitrator, with each group having one set of administrative documents, one set of administrative and filing fees per group, and one arbitration management conference per group.
Small-claims carve-out
Reviewed category: available-standard-carve-out
individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis
Opt-out
Reviewed category: mass-filing-stage-only
If the arbitrator or panel of arbitrators determines that any party has violated the Mass Action Waiver, the parties shall each have the opportunity to opt out of arbitration within 30 days of the arbitrator’s or panel of arbitrator’s decision.
Unilateral modification
Reviewed category: effective-on-posting-or-without-notice
Uber reserves the right to modify these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms through the Services or Uber’s website. You should regularly review these Terms, as your continued use of the Services after any such changes constitutes your agreement to such changes.
Scope
Reviewed category: broad-plus-survives-termination
You and Uber mutually agree to arbitrate all disputes regardless of whether the dispute, claim, lawsuit, or controversy occurred or accrued before or after the date you agreed to these Terms, and regardless of whether you allege that the dispute, claim, or injury involves harm or injury to you or anyone else. This Arbitration Agreement survives after your relationship with Uber ends.
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s decision shall be binding only upon the parties to the arbitration that are the subject of the decision.
Shortened limitations period
Reviewed category: expressly-not-shortened
All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding.
Severability if the class waiver is struck
Reviewed category: narrow-severance
If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction, but any portion of any claim(s) that are subject to arbitration on an individual basis shall proceed in arbitration and the parties agree that any remaining portions of those claim(s), as well as any other non-arbitrable claim(s), shall be stayed in court pending the completion of arbitration; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or Uber.
Counsel or representation restrictions
Reviewed category: individualized-conference-required
Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference.
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “50 or more” arbitration demands of a substantially similar nature — recorded as 50
Window, as reviewed: within 180 days of the arbitration demand filed on your or Uber's behalf
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
the definition of a “Mass Action” includes, but is not limited to, instances in which you or Uber are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Uber’s behalf.