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Mandatory individual arbitration in certain circumstances removes users' ability to pursue those disputes via jury trial or class action, which are typically more accessible and potentially higher-value remedies.
Interpretive note: The excerpt is a summary/notice clause and does not specify which circumstances trigger arbitration. The canonical claim preserves the 'in certain circumstances' qualifier from the text.
In certain circumstances, users are required to arbitrate disputes with Duolingo on an individual basis and may not pursue those disputes through jury trial or class action.
How other platforms handle this
you must first send an individualized Notice of Dispute to Microsoft Corporation...This Notice of Dispute is a prerequisite to initiating any arbitration.
A party who intends to initiate arbitration may first send to the other a written notice of the dispute ("Informal Notice") to allow the parties 60 days ... to attempt to negotiate the dispute, claim, or controversy.
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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"THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS.— Excerpt from Duolingo's Duolingo 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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Mandatory individual arbitration in certain circumstances removes users' ability to pursue those disputes via jury trial or class action, which are typically more accessible and potentially higher-value remedies.
In certain circumstances, users are required to arbitrate disputes with Duolingo on an individual basis and may not pursue those disputes through jury trial or class action.
ConductAtlas has identified this type of provision across 207 platforms. See the full comparison.
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