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 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
For any dispute relating to this Agreement, the parties consent to personal jurisdiction and the exclusive venue of the courts in New York County, New York.
The laws of the State of New York shall govern all matters arising out of or in relation to these Terms and any transactions hereunder, including the interpretation, construction, performance and enforcement thereof.
it shall be adjudicated exclusively by the state and federal courts located in San Francisco County, California.
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"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 FanDuel 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 265 platforms. See the full comparison.
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