The agreement designates Illinois law as the governing law and Cook County, Illinois courts as the exclusive venue for disputes arising under the terms.
This analysis describes what ActiveCampaign's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The governing law and exclusive venue provisions require disputes to be litigated under Illinois law in Cook County courts, which may create logistical and financial barriers for customers located outside Illinois who seek to bring claims against ActiveCampaign.
Interpretive note: Enforceability of the Illinois forum selection clause may be limited for EU, UK, and consumer-context customers depending on applicable mandatory jurisdiction rules in those geographies.
Under this clause, any legal dispute with ActiveCampaign must be brought in Cook County, Illinois under Illinois law, regardless of the customer's location or the location of the relevant events.
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"These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Cook County, Illinois.— Excerpt from ActiveCampaign's ActiveCampaign Terms of Service
1. REGULATORY LANDSCAPE: Choice-of-law and forum selection clauses are generally enforceable in US B2B contracts under federal and state common law, subject to limitations where application would violate a strong public policy of the forum state or where the clause is procured through fraud. In consumer-facing contracts, some states, including California, restrict the enforceability of out-of-state forum selection clauses. For EU customers, mandatory jurisdictional rules under Brussels I Regulation and Rome I Regulation may limit the enforceability of the Illinois choice-of-law and forum provisions in European proceedings. 2. GOVERNANCE EXPOSURE: Low to Medium. For enterprise B2B customers, Illinois governing law and Cook County venue are generally enforceable and represent standard practice for US-headquartered SaaS providers. The provision is most significant for international customers or small businesses for whom litigation in Cook County would be practically prohibitive. 3. JURISDICTION FLAGS: EU and UK customers may not be bound by the Illinois forum selection in proceedings before EU or UK courts. Mandatory consumer protection laws in EU member states may override the choice-of-law provision for individual consumers, though the B2B focus of this platform limits this concern. Australian and Canadian customers may face similar enforceability questions under applicable local law. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers outside Illinois should evaluate whether the forum selection clause creates practical barriers to dispute resolution and consider negotiating alternative dispute resolution mechanisms or consent-to-jurisdiction provisions in enterprise agreements. Customers in jurisdictions with mandatory local consumer protection venues should assess whether those provisions override the contractual selection. 5. COMPLIANCE CONSIDERATIONS: Legal teams should incorporate the Illinois governing law and venue requirement into their contract risk assessments for ActiveCampaign. International legal counsel may need to evaluate local enforceability of the forum selection clause for operations in EU, UK, Canadian, or Australian jurisdictions.
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The governing law and exclusive venue provisions require disputes to be litigated under Illinois law in Cook County courts, which may create logistical and financial barriers for customers located outside Illinois who seek to bring claims against ActiveCampaign.
Under this clause, any legal dispute with ActiveCampaign must be brought in Cook County, Illinois under Illinois law, regardless of the customer's location or the location of the relevant events.
ConductAtlas has identified this type of provision across 31 platforms. See the full comparison.
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