Any legal dispute you have with Apple must be resolved under California law in California courts — even if you live in another state or country.
Consumers outside California who have a legal dispute with Apple face the practical burden of litigating in Santa Clara County, California, under California law, which may effectively deter many individual consumers from pursuing legitimate claims.
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These Terms shall be governed by the laws of the State of California without regard to principles of conflict of laws. Unless you and Poshmark agree to arbitrate, you agree that any legal action or proceeding between you and Poshmark will be brought exclusively in a federal or state court of compete...
If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration ...
These Terms are governed by the laws of the State of New York without regard to conflict of law principles. You and Public.com submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New York, New York for resolution of any lawsuit or court proceeding ...
This clause requires non-California consumers to litigate in California courts under California law, which may be more expensive and burdensome for individual consumers and may be overridden by mandatory local consumer protection laws in other jurisdictions.
REGULATORY FRAMEWORK: Forum selection and choice-of-law clauses in consumer contracts are subject to challenge under multiple frameworks. In the EU, Brussels I Regulation (Recast) (EU 1215/2012) and Rome I Regulation (EU 593/2008) provide that mandatory consumer protection laws of the consumer's home country cannot be displaced by choice-of-law clauses — rendering this clause unenforceable against EU residents with respect to mandatory EU consumer rights. In the US, the enforceability of forum selection clauses against consumers is assessed under M/S Bremen v. Zapata Off-Shore Co. (407 U.S. 1) and state-specific consumer protection statutes. California's own CLRA (Civil Code §1751) voids any waiver of California rights in consumer contracts.
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