This analysis describes what Fitbit'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
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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 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.
"in the event that the agreement to arbitrate is found not to apply to you or your claim...any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California.Excerpt from Fitbit's Terms of Service
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The clause states: “in the event that the agreement to arbitrate is found not to apply to you or your claim...any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of San Francisco County, California.”
ConductAtlas has identified this type of provision across 264 platforms. See the full comparison.
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