This analysis describes what Affirm'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 you prevail in arbitration, you may seek an award of reasonable attorneys' fees and expenses, to the extent permitted under applicable law.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"If it is determined by the arbitrator that you cannot afford such fees, Affirm will pay all arbitration fees and expenses.Excerpt from Affirm's Terms of Service
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 it is determined by the arbitrator that you cannot afford such fees, Affirm will pay all arbitration fees and expenses.”
ConductAtlas has identified this type of provision across 205 platforms. See the full comparison.
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