“any such a claim or request for relief will be resolved exclusively by a state or federal court located in New York, New York.”
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 clause is consequential because it forces users outside New York to litigate in a distant jurisdiction, which can impose significant practical and financial burdens.
Interpretive note: The phrase 'any such a claim or request for relief' implies a referent defined earlier in the agreement that is not present in the excerpt. The canonical claim characterizes this as claims not subject to arbitration, which is a reasonable inference from context but not fully grounded in the quoted language alone.
The updated terms now prohibit participation in FanDuel Fantasy contests for residents of Alberta, Canada, in addition to the existing prohibition in Ontario. Users in Alberta who currently hold accounts or have entered contests must cease participation. The terms also restructure eligibility representations to consolidate Louisiana parish restrictions and backup withholding tax language into a single section, clarifying the jurisdictional and tax compliance requirements users must warrant. If you are located in Alberta, you are no longer eligible to participate in FanDuel Fantasy contests under the updated terms.
View change record →The reader must bring any qualifying court claim exclusively in New York, New York, regardless of where the reader is located.
How other platforms handle this
Any disputes or claims not subject to arbitration, as set forth in this section, will be resolved exclusively in the federal or state courts of New York, New York, and you and we consent to personal jurisdiction in those courts.
Except as provided in the dispute resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco, California.
Subject to Section 10.6 , any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Francisco, California, and the Parties irrevocably consent to the personal jurisdiction and venue therein.
"any such a claim or request for relief will be resolved exclusively by a state or federal court located in New York, New York.Excerpt from FanDuel's Terms of Use
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This clause is consequential because it forces users outside New York to litigate in a distant jurisdiction, which can impose significant practical and financial burdens.
The reader must bring any qualifying court claim exclusively in New York, New York, regardless of where the reader is located.
ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.
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