This analysis describes what Adobe'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
How other platforms handle this
if a court decides that any of the provisions in the Prohibition of Class and Representative Actions...is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief...
If, after exhaustion of all appeals, any of these prohibitions...are found to be unenforceable with respect to a particular claim or request for relief...then such a claim or request for relief will be decided by a court of competent jurisdiction...
The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims.
"if any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court.Excerpt from Adobe's Terms of Use
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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The clause states: “if any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court.”
ConductAtlas has identified this type of provision across 197 platforms. See the full comparison.
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