“You and Mailchimp agree that...any dispute, claim or controversy arising out of or relating in any way to the Service or this Agreement (a "Claim") will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.”
This analysis describes what Mailchimp'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
By routing disputes away from courts of general jurisdiction, this clause removes the user's ability to litigate claims in standard civil courts, which affects the procedural rights and remedies available in a dispute with Mailchimp.
If you have a dispute with Mailchimp relating to the Service or the Agreement, you are required to resolve it through binding arbitration or small claims court rather than through a court of general jurisdiction.
How other platforms handle this
This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court...
either you or Target may bring or take an individual claim in or to a small claims court...you agree that you or Target may bring suit in a court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights...
The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
"You and Mailchimp agree that...any dispute, claim or controversy arising out of or relating in any way to the Service or this Agreement (a "Claim") will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.Excerpt from Mailchimp's Standard Terms of Use
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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By routing disputes away from courts of general jurisdiction, this clause removes the user's ability to litigate claims in standard civil courts, which affects the procedural rights and remedies available in a dispute with Mailchimp.
If you have a dispute with Mailchimp relating to the Service or the Agreement, you are required to resolve it through binding arbitration or small claims court rather than through a court of general jurisdiction.
ConductAtlas has identified this type of provision across 196 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Mailchimp.