This analysis describes what Hims & Hers'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
Users cannot band together with other claimants in arbitration, eliminating the practical leverage of collective or class proceedings against Hims & Hers.
Interpretive note: The clause name references a jury trial waiver, but the excerpt provided does not contain jury trial waiver language. That proposition is listed in omitted_material as absent from the excerpt, not merely secondary.
Users must pursue any arbitrable dispute against Hims & Hers individually and cannot participate in or initiate class, collective, or representative arbitration.
How other platforms handle this
if a court decides that any of the provisions in the Prohibition of Class and Representative Actions...is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief...
13.4 If any part of terms of this Section 12 is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section ...
If, after exhaustion of all appeals, any of these prohibitions...are found to be unenforceable with respect to a particular claim or request for relief...then such a claim or request for relief will be decided by a court of competent jurisdiction...
"YOU AND WE AGREE THAT...ALL DISPUTES SUBJECT TO ARBITRATION UNDER THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS.Excerpt from Hims & Hers's Terms and Conditions
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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Users cannot band together with other claimants in arbitration, eliminating the practical leverage of collective or class proceedings against Hims & Hers.
Users must pursue any arbitrable dispute against Hims & Hers individually and cannot participate in or initiate class, collective, or representative arbitration.
ConductAtlas has identified this type of provision across 196 platforms. See the full comparison.
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