FanDuel can change most of its Terms at any time, and continued use of the platform after changes take effect means you have accepted the new terms; the arbitration clause cannot be changed without separate notice.
This analysis describes what FanDuel'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
This provision establishes FanDuel's unilateral authority to alter the contractual terms governing the relationship, with an exception carved out for the arbitration and class action waiver provisions in Section 15, which remain fixed. The clause creates an ongoing obligation for FanDuel to notify users of material modifications prior to implementation.
FanDuel can unilaterally update most terms at any time and users who continue using the service after the effective date are bound by the new terms, making it important to monitor for change notifications even if no action is explicitly required.
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"Except for Section 15, providing for binding arbitration and waiver of class action rights, FanDuel reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. The most current version of these Terms will be posted on our Site. You shall be responsible for reviewing and becoming familiar with any such modifications. You will be notified of material changes before they come into effect. Any such revision will be binding and effective from such date as is specified in such notice.— Excerpt from FanDuel's FanDuel Terms of Use
REGULATORY LANDSCAPE: Unilateral modification clauses in consumer contracts interact with consumer protection statutes that may require meaningful notice and an opportunity to reject changes before they become binding. The FTC Act's prohibition on unfair or deceptive practices is relevant if changes are implemented in a manner inconsistent with user expectations. Some state consumer protection frameworks impose heightened requirements for changes to material contract terms. GOVERNANCE EXPOSURE: Medium. The carve-out protecting Section 15 (arbitration) from unilateral modification is a meaningful limitation, but the broad modification right for all other terms creates ongoing compliance monitoring obligations. The requirement to notify users of material changes before they take effect is a positive procedural constraint. JURISDICTION FLAGS: California and New York courts have at times scrutinized unilateral modification clauses in consumer contracts, particularly where notice mechanisms are inadequate or changes are made to material financial or legal terms. The adequacy of the notification mechanism should be evaluated against applicable state standards. CONTRACT AND VENDOR IMPLICATIONS: B2B partners or affiliates whose arrangements incorporate these Terms by reference should monitor for modifications that could affect their operational or legal relationship with FanDuel. Change management processes should include review of FanDuel Terms updates as a standard obligation. COMPLIANCE CONSIDERATIONS: Compliance teams should maintain a record of Terms versions and change notification history to support regulatory inquiries and demonstrate adequate consumer disclosure. The mechanism used to notify users of material changes should be assessed for adequacy under applicable consumer protection standards.
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This provision establishes FanDuel's unilateral authority to alter the contractual terms governing the relationship, with an exception carved out for the arbitration and class action waiver provisions in Section 15, which remain fixed. The clause creates an ongoing obligation for FanDuel to notify users of material modifications prior to implementation.
FanDuel can unilaterally update most terms at any time and users who continue using the service after the effective date are bound by the new terms, making it important to monitor for change notifications even if no action is explicitly required.
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