This analysis describes what DraftKings'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 arbitration requirement establishes a procedural framework that diverts dispute resolution from the court system to private arbitration. The class action waiver establishes that disputes must proceed on an individual basis, preventing aggregation of claims across multiple users.
Users agree to resolve disputes with DraftKings through binding arbitration with an arbitrator as decision-maker rather than in court before a judge or jury. Users also waive the ability to participate in class actions, class-wide arbitrations, or other representative proceedings against DraftKings.
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.
Monitoring
DraftKings has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.
"PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and DraftKings agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small claims court claims, as provided below. By agreeing to these Terms, you agree to resolve your dispute with DraftKings through binding arbitration (an arbitrator, not a judge or jury, will decide the dispute) rather than in court. YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed; nor is combining individual proceedings without the consent of all parties.— Excerpt from DraftKings's DraftKings Terms of Use
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.
Compliance Governance Intelligence
Need to monitor specific governance provisions?
Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
The arbitration requirement establishes a procedural framework that diverts dispute resolution from the court system to private arbitration. The class action waiver establishes that disputes must proceed on an individual basis, preventing aggregation of claims across multiple users.
Users agree to resolve disputes with DraftKings through binding arbitration with an arbitrator as decision-maker rather than in court before a judge or jury. Users also waive the ability to participate in class actions, class-wide arbitrations, or other representative proceedings against DraftKings.
ConductAtlas has identified this type of provision across 12 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by DraftKings.