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
Requiring all litigation to occur in San Francisco, California creates a practical barrier for consumers in other states who would face significant travel costs and logistical challenges to pursue even small claims in court.
Affirm's terms significantly affect how consumers can resolve disputes, requiring individual arbitration and prohibiting class action lawsuits, which limits collective legal remedies for billing errors, lending disputes, or deceptive practices. The terms also authorize broad electronic communications consent, meaning Affirm may deliver legally required disclosures digitally rather than by paper. You can opt out of the arbitration clause by sending written notice to Affirm within 30 days of your account creation or receipt of updated terms.
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This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. Any disputes arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal court...
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"These Terms shall be governed by the laws of the State of California, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Affirm agree to submit to the personal jurisdiction of the state and federal courts located within San Francisco County, California.— Excerpt from Affirm's Affirm Terms of Service
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Requiring all litigation to occur in San Francisco, California creates a practical barrier for consumers in other states who would face significant travel costs and logistical challenges to pursue even small claims in court.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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