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-court
The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues reserved for a court in the user agreement; (2) issues related to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury trial waiver, or any provisions of the Dispute Resolution section; (3) issues related to arbitrability
Company’s fee promise
Reviewed category: good-faith-cost-cooperation-language
you or PayPal may elect to engage with JAMS regarding the reduction or deferral of arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
For a period of 60 days after receipt of a complete Notice of Dispute, you and PayPal agree to negotiate in good faith in an effort to informally resolve the Dispute. ... Completion of this Informal Dispute Resolution Process ("Process") is a condition precedent to initiating arbitration.
Mass-arbitration terms
Reviewed category: staged-bellwether
If 25 or more similar Disputes (including yours) are asserted against PayPal by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. ... Stage One: In the first stage, if there are 50 Disputes or more, claimants’ counsel and PayPal will each select 25 Disputes to be filed as cases (50 cases total) in arbitration and resolved individually by different arbitrators selected through a strike-and-rank process. ... Option One: You and PayPal may, separately or by agreement, opt out of arbitration and elect to have your Dispute heard in a court of competent jurisdiction consistent with the user agreement (including the remainder of the Dispute Resolution section).
Small-claims carve-out
Reviewed category: available-standard-carve-out
shall be resolved through final and binding arbitration, except that you or we may elect to have a Dispute heard in small claims court, so long as it proceeds individually and is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the appropriate small claims court to decide in the first instance, and for a court of competent jurisdiction to otherwise decide.
Opt-out
Reviewed category: general-but-class-waiver-survives
You can choose to opt-out of the Arbitration Agreement by following the Opt-Out Procedure and sending us a written notice postmarked no later than 30 days after the date you accept the user agreement for the first time. ... This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of arbitration, all other parts of the user agreement (including the other provisions of the Dispute Resolution section, such as the class action waiver and jury trial waiver) will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
Unilateral modification
Reviewed category: new-clause-governs-earlier-claims
We may revise this user agreement and any of the policies listed above from time to time. The revised version will be effective at the time we post it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities, we will provide notice to you of at least 21 days before they become effective. By continuing to use our services after any changes to this user agreement become effective, you agree to abide and be bound by those changes. If you do not wish to be bound by any changes to this user agreement, you must close your account before they become effective. ... You further agree that notwithstanding any provision in any prior Agreement to Arbitrate to the contrary, this Arbitration Agreement replaces and supersedes any prior Agreement to Arbitrate you had with PayPal and will govern and apply to all Disputes, including all Disputes that arose before the effective date of this Arbitration Agreement. If you do not wish to have this Arbitration Agreement apply to you and your Disputes, then you must close your PayPal account prior to the effective date. If you close your PayPal account prior to the effective date of this Arbitration Agreement, then any prior Agreement to Arbitrate between you and PayPal will apply to Disputes.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
we use the term “PayPal” to refer to PayPal, Inc., our parent PayPal Holdings, Inc., and our affiliates, and each of their respective directors, officers, employees, agents, joint venturers, service providers, and suppliers ... Dispute shall be interpreted broadly to the extent permitted under the Federal Arbitration Act (“FAA”), and shall include, but not be limited to any dispute or claim that: (1) arose before the existence of this or any prior user agreement and (2) may arise after termination of the user agreement.
Confidentiality of the arbitration
Reviewed category: no-preclusive-effect-clause
An award shall have no preclusive effect in any other arbitration or proceeding involving non-identical parties.
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: narrow-severance
If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
Counsel or representation restrictions
Reviewed category: individualization-and-ai-certification
Any submission containing AI-generated content must include a certification by the party (or counsel, if the party is represented) that they have personally verified the content's accuracy.
Mass-arbitration numeric trigger
Reviewed category: bellwether-trigger
Stated term: “25 or more” similar Disputes — recorded as 25
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
If 25 or more similar Disputes (including yours) are asserted against PayPal by the same or coordinated counsel or are otherwise coordinated (“Mass Arbitration”)
Other documents in this corporate family
- PayPal — PayPal User Agreement