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
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the Federal Arbitration Act ("FAA") governs the interpretation and enforcement of this arbitration provision; the arbitrator shall apply California law to all other matters.
These Terms and Conditions are governed by the laws of Delaware.
This Agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflict of laws...
"Except as provided in Section 5 (Mandatory Arbitration) the laws of the State of Delaware govern your access to, and use of, the Services and the terms of this Agreement.Excerpt from Affirm's Terms of Service
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The clause states: “Except as provided in Section 5 (Mandatory Arbitration) the laws of the State of Delaware govern your access to, and use of, the Services and the terms of this Agreement.”
ConductAtlas has identified this type of provision across 264 platforms. See the full comparison.
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