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
The binding arbitration requirement alters the procedural mechanism for dispute resolution, replacing judicial proceedings with arbitration as the mandatory forum. The class action waiver restricts the procedural options available for aggregate claims and establishes individual arbitration as the sole dispute resolution pathway unless the user exercises the opt-out right.
Users are required to arbitrate disputes individually rather than pursue court litigation or class actions, with arbitration outcomes determined by a neutral third party rather than judicial proceedings. Small claims court proceedings remain available as an exception to the arbitration requirement.
How other platforms handle this
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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"This Agreement provides that all Disputes (as defined in Section 13 ('Dispute Resolution') below) between you and us will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this Agreement, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class action. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED in Section 13 ('Dispute Resolution') below.— Excerpt from Afterpay's Afterpay 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 binding arbitration requirement alters the procedural mechanism for dispute resolution, replacing judicial proceedings with arbitration as the mandatory forum. The class action waiver restricts the procedural options available for aggregate claims and establishes individual arbitration as the sole dispute resolution pathway unless the user exercises the opt-out right.
Users are required to arbitrate disputes individually rather than pursue court litigation or class actions, with arbitration outcomes determined by a neutral third party rather than judicial proceedings. Small claims court proceedings remain available as an exception to the arbitration requirement.
ConductAtlas has identified this type of provision across 12 platforms. See the full comparison.
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