The Terms are governed by Georgia law, and non-arbitrable disputes are subject to the exclusive jurisdiction of federal and state courts in Atlanta, Georgia.
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
This provision designates Georgia courts as the exclusive venue for non-arbitrable disputes, which may require users outside Georgia to litigate in a distant forum and limits the applicability of more consumer-protective state laws that might otherwise apply to users in their home jurisdictions.
Interpretive note: Enforceability of the Georgia forum selection and choice of law provisions against EU, UK, and certain US state consumers may be limited by applicable consumer protection law in those jurisdictions.
Under this clause, any disputes not resolved through arbitration must be litigated in Atlanta, Georgia under Georgia law, regardless of where the user is located. This forum selection may affect the practical ability of out-of-state users to pursue claims in their home jurisdiction.
How other platforms handle this
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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"These Terms will be governed by the laws of the State of Georgia, except for its conflicts of laws principles. You and Mailchimp agree to submit to the personal jurisdiction of the federal and state courts located in Atlanta, Georgia for the purpose of litigating any claims that are not subject to arbitration.— Excerpt from Mailchimp's Mailchimp Standard Terms of Use
(1) REGULATORY LANDSCAPE: Forum selection and choice of law clauses are subject to review under applicable contract law, including unconscionability doctrine in various states. EU and UK consumer protection frameworks generally do not permit forum selection clauses that deprive consumers of access to courts in their home jurisdiction, rendering this provision likely unenforceable against EU and UK consumers for covered claims. (2) GOVERNANCE EXPOSURE: Low. Georgia choice of law and Atlanta venue selection is standard for a company headquartered in Atlanta. The practical impact is primarily on individual consumer users outside Georgia; business users typically have greater resources to engage in out-of-state litigation. (3) JURISDICTION FLAGS: EU consumers retain the right to bring claims in their local courts under applicable consumer protection law notwithstanding this clause. California and other states with strong consumer protection frameworks may apply their own laws to resident consumers regardless of the contractual choice of law. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams negotiating master service agreements should assess whether the Georgia choice of law and venue aligns with organizational legal strategy and whether alternative dispute venue terms are negotiable. (5) COMPLIANCE CONSIDERATIONS: Organizations with EU or UK users who experience disputes should assess the applicability of this clause in light of local consumer protection requirements before initiating or responding to proceedings.
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This provision designates Georgia courts as the exclusive venue for non-arbitrable disputes, which may require users outside Georgia to litigate in a distant forum and limits the applicability of more consumer-protective state laws that might otherwise apply to users in their home jurisdictions.
Under this clause, any disputes not resolved through arbitration must be litigated in Atlanta, Georgia under Georgia law, regardless of where the user is located. This forum selection may affect the practical ability of out-of-state users to pursue claims in their home jurisdiction.
ConductAtlas has identified this type of provision across 201 platforms. See the full comparison.
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