All legal disputes must be resolved in San Francisco courts under California law, and you agree to pay Craigslist's legal costs if a third party sues the company because of something you did on the platform.
This analysis describes what Craigslist'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 exclusive jurisdiction clause requires non-California users to litigate in San Francisco, which creates a practical barrier to bringing claims, and the indemnification clause extends your financial liability to cover actions taken by anyone working for or on your behalf.
Interpretive note: The enforceability of the forum selection clause for non-California consumers depends on the applicable state's consumer protection rules and may be limited for EU or UK users under local consumer law.
If a third party files a legal claim against Craigslist that relates to your use of the platform, you may be responsible for covering Craigslist's legal fees and losses, and the extension of this liability to your employees, agents, and affiliates means the indemnification obligation could be triggered by someone else's actions on your behalf.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in New York County, New York, USA...
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
"Any claim, cause of action, demand, or dispute arising from or related to CL ("Claims") will be governed by the internal laws of California, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in San Francisco, CA (except we may seek preliminary or injunctive relief anywhere). You agree to (1) submit to the personal jurisdiction of courts in San Francisco, CA; (2) indemnify and hold CL Entities harmless from any Claims, losses, liability, or expenses (including attorneys' fees) that arise from a third party and relate to your use of CL; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.Excerpt from Craigslist's Terms of Use
(1) REGULATORY LANDSCAPE: Mandatory forum selection clauses designating San Francisco courts are generally enforceable under federal and California law for commercial disputes, though consumer protection statutes in some states limit the enforceability of forum selection …
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The exclusive jurisdiction clause requires non-California users to litigate in San Francisco, which creates a practical barrier to bringing claims, and the indemnification clause extends your financial liability to cover actions taken by anyone working for or on your behalf.
If a third party files a legal claim against Craigslist that relates to your use of the platform, you may be responsible for covering Craigslist's legal fees and losses, and the extension of this liability to your employees, agents, and affiliates means the indemnification obligation could be triggered by someone else's actions on your behalf.
ConductAtlas has identified this type of provision across 266 platforms. See the full comparison.
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