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-full
any "Claim" means any claim, dispute or controversy relating to (1) these Terms of Service (including a dispute over the validity, enforceability, arbitrability or scope of this arbitration clause) or any the services accessed through the Site
Company’s fee promise
Reviewed category: silent
No provision on this field was extracted from the captured text.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
If the arbitrator determines that any claim or defense is frivolous or wrongfully intended to oppress the other party, the arbitrator may award sanctions in the form of fees and expenses reasonably incurred by the other party (including arbitration administration fees, arbitrator’s fees, and attorney, expert and witness fees), to the extent such fees and expenses could be imposed under Rule 11 of the Federal Rules of Civil Procedure.
Pre-filing requirement
Reviewed category: encouraged-not-required
Contact Us First . If you have an issue with our services, or if a dispute arises between you and us, please contact us first.
Mass-arbitration terms
Reviewed category: anti-consolidation-only
THE ARBITRATOR WILL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS BASIS, AND CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON.
Small-claims carve-out
Reviewed category: available-standard-carve-out
a Claim does not include any individual action brought by you in small claims court or your state’s equivalent court, unless such action is transferred, removed or appealed to a different court
Opt-out
Reviewed category: general-with-window
You may reject the arbitration agreement provided here by mailing a signed rejection notice to the address provided in the Notice section below within 30 calendar days of your agreement to this Agreement.
Unilateral modification
Reviewed category: effective-on-posting-or-without-notice
We may also change the Terms of Use from time to time without notice to you. Please review these Terms of Use from time to time because your continued access or use of the Site after any modifications have become effective shall be deemed your conclusive acceptance of the modified Terms of Use.
Scope
Reviewed category: broad-plus-survives-termination
The arbitration agreement in this Section terms applies to any party named as a co-defendant with Upstart Network, Inc. in a Claim asserted by you, such as servicers or debt collectors. ... The arbitration agreement in this Section will survive this Agreement, any bankruptcy or insolvency, or any cancellation or request for cancellation of this Agreement.
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: whole-clause-void-if-class-waiver-struck
If any part of this arbitration agreement (other than the class waiver described above) is found to be invalid or unenforceable by a decision of a tribunal of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed, but the remainder of this arbitration agreement will continue in full force and effect. If such class waiver is determined to be invalid or unenforceable, then this entire arbitration agreement will be void and of no force or effect to any class actions.
Counsel or representation restrictions
Reviewed category: silent
No provision on this field was extracted from the captured text.
Mass-arbitration numeric trigger
Reviewed category: no-mass-filing-terms
The reviewed data records this category without a quotation.