The agreement includes an express waiver of users' right to a jury trial and the right to participate in any class action proceeding against BAM.
This analysis describes what Binance.US'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
Users lose two significant procedural rights — jury trial and class action participation — which substantially limits the mechanisms available to challenge Binance.US's conduct.
Interpretive note: The canonical claim combines two co-equal waivers. Because both are central and neither is subordinate, they are stated together as the primary proposition. The individual-capacity requirement is recorded in omitted_material.
The updated terms introduce automatic enrollment in Soft-Staking for eligible tokens held in user accounts, meaning assets will be staked on Binance.US's behalf with third-party providers unless users opt out before the policy takes effect. Previously, the terms stated staking was optional and required explicit designation. The revised language also establishes that starting July 1, 2026, users will receive at least 14 days' notice before material changes to fee schedules, terms, or account policies take effect. Users can avoid automatic staking by opting out before July 1, 2026, or by withdrawing or designating specific tokens as ineligible for Soft-Staking.
View change record →Under this clause, users agree that any dispute with BAM must be pursued individually and cannot be consolidated with claims from other users. The agreement also establishes that users waive any right to a jury trial in connection with disputes arising from the terms.
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If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
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"ALL CLAIMS MUST BE BROUGHT IN A PARTY'S INDIVIDUAL CAPACITY...BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU AND BAM EACH WAIVE THE RIGHT TO: (1) A JURY TRIAL; AND (2) PARTICIPATE IN A CLASS ACTION.— Excerpt from Binance.US's Binance.US Terms of Use
1. REGULATORY LANDSCAPE: Class action waivers in consumer financial contracts engage the CFPB's regulatory authority and have been subject to rulemaking. State consumer protection statutes in California, Washington, and other jurisdictions have at times been interpreted to limit the enforceability of class action waivers in consumer agreements. The FTC Act's prohibition on unfair or deceptive practices is also relevant to the enforceability of this provision. 2. GOVERNANCE EXPOSURE: High. Class action waivers in consumer financial services agreements remain an area of active regulatory and judicial attention. The practical effect of this clause is that individual arbitration is the exclusive remedy pathway for users with claims against BAM. 3. JURISDICTION FLAGS: California courts have applied the Discover Bank rule and related unconscionability analysis to class action waivers, though the FAA's preemptive effect under AT&T Mobility v. Concepcion limits state-law challenges in many circumstances. Illinois, New York, and Washington present additional jurisdictional considerations for enforceability. 4. CONTRACT AND VENDOR IMPLICATIONS: Institutional and business account users should assess whether this waiver applies to their account agreements and whether it conflicts with their internal governance or legal requirements for dispute resolution access. 5. COMPLIANCE CONSIDERATIONS: Legal teams should monitor CFPB rulemaking activity regarding class action waivers in consumer financial products. The provision should be evaluated in conjunction with the arbitration delegation clause to assess the overall dispute resolution framework's enforceability in key user jurisdictions.
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Users lose two significant procedural rights — jury trial and class action participation — which substantially limits the mechanisms available to challenge Binance.US's conduct.
Under this clause, users agree that any dispute with BAM must be pursued individually and cannot be consolidated with claims from other users. The agreement also establishes that users waive any right to a jury trial in connection with disputes arising from the terms.
ConductAtlas has identified this type of provision across 199 platforms. See the full comparison.
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