Provision record
Faire · Faire Terms of Service · View original document ↗

Class Action and Jury Trial Waiver

High severity Medium confidence Explicit document language Unique · 0 of 352 platforms
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Document Record

What it is

The terms prohibit users from bringing or participating in class action lawsuits or representative proceedings against Faire, and require all claims to be pursued on an individual basis only. The arbitrator is also prohibited from consolidating multiple users' claims absent mutual agreement.

ⓘ

This analysis describes what Faire'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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision, combined with the mandatory arbitration clause and the $100 liability cap, means that users may only pursue individual claims through JAMS arbitration, and the arbitrator cannot consolidate claims from multiple affected users. This mechanism is operationally significant for situations involving platform-wide issues affecting large numbers of retailers or brands simultaneously.

⚠

Interpretive note: Enforceability of the class action waiver may vary by jurisdiction; California and EU/UK law may provide qualifying rights that limit the practical scope of this provision.

Consumer impact (what this means for users)

Under this clause, users cannot join or initiate class action lawsuits against Faire and must pursue any claims individually through arbitration. The agreement also states that the arbitrator may not consolidate claims from more than one person unless both parties agree.

What you can do

⚠️ These actions may provide transparency or partial mitigation but may not fully address the underlying issue. Effectiveness varies by jurisdiction and individual circumstances.
  • Opt Out of Arbitration
    Within 30 days
    To preserve access to class action participation, send written opt-out notice to legal@faire.com within thirty days of first accepting the Terms, as the class action waiver is part of the arbitration agreement that can be opted out of within this window.

Cross-platform context

See how other platforms handle Class Action and Jury Trial Waiver and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
YOU AND FAIRE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Faire agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Excerpt from Faire's Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

(1) REGULATORY LANDSCAPE: Class action waivers in consumer-facing and small business platform contracts engage the FTC Act and state consumer protection statutes.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Provision details

Document information
Document
Faire Terms of Service
Entity
Faire
Document last updated
July 5, 2026
Tracking information
First tracked
July 6, 2026
Last verified
July 6, 2026
Record ID
CA-P-013334
Document ID
CA-D-00915
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
c5892984e6fed39ec505398329c40e52589056aa1798302443dd209462b4ff7c
Analysis generated
July 6, 2026 15:31 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Faire
Document: Faire Terms of Service
Record ID: CA-P-013334
Captured: 2026-07-06 15:31:41 UTC
SHA-256: c5892984e6fed39e…
URL: https://conductatlas.com/platform/faire/faire-terms-of-service/provision/CA-P-013334/class-action-and-jury-trial-waiver/
Accessed: Oct. 3, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does Faire's Class Action and Jury Trial Waiver clause do?

This provision, combined with the mandatory arbitration clause and the $100 liability cap, means that users may only pursue individual claims through JAMS arbitration, and the arbitrator cannot consolidate claims from multiple affected users. This mechanism is operationally significant for situations involving platform-wide issues affecting large numbers of retailers or brands simultaneously.

How does this clause affect you?

Under this clause, users cannot join or initiate class action lawsuits against Faire and must pursue any claims individually through arbitration. The agreement also states that the arbitrator may not consolidate claims from more than one person unless both parties agree.

Is ConductAtlas affiliated with Faire?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Faire.