This analysis describes what Afterpay'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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Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.
Subject to Section 10.6 , any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Francisco, California, and the Parties irrevocably consent to the personal jurisdiction and venue therein.
If any dispute between the parties is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in Alameda County, California, will have exclusive jurisdiction.
"The parties agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the state and federal courts located in San Francisco County, California have exclusive jurisdiction and the parties agree to submit to the venue the personal jurisdiction of such courts.Excerpt from Afterpay's Terms of Service
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The clause states: “The parties agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the state and federal courts located in San Francisco County, California have exclusive jurisdiction and the parties agree to submit to …”
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