The terms are governed by Illinois law regardless of conflicts-of-law principles, with exclusive venue in DuPage County state courts or the U.S. District Court for the Northern District of Illinois for any litigation that proceeds outside arbitration. Both parties waive jury trial rights in any litigation.
This analysis describes what McDonald's'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 asserts Illinois law as the governing framework for all disputes and restricts litigation venue to Illinois courts, which may create geographic and practical constraints for non-Illinois residents whose claims are not resolved through arbitration. The jury trial waiver applies to any litigation that arises, not only to arbitration proceedings.
Interpretive note: Enforceability of the Illinois choice-of-law and venue provisions for non-Illinois residents depends on applicable state consumer protection law and conflicts-of-law analysis in the user's state of residence.
Under this clause, any claims that proceed to litigation must be filed in DuPage County, Illinois state courts or the Northern District of Illinois federal court, and both parties waive jury trial rights in any such litigation. The agreement asserts Illinois law as governing regardless of the user's state of residence.
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Compare across platforms →"These terms will be governed and interpreted pursuant to the laws of Illinois, notwithstanding any principles of conflicts of law. ... you agree to bring any and all claims arising out of or related to these terms or the online services in either the state courts of DuPage County, Illinois or the United States District Court for the Northern District of Illinois. If litigation ensues for any reason, both you and McDonald's agree to waive any right to a trial by jury.Excerpt from McDonald's's Terms of Use
1) REGULATORY LANDSCAPE: Choice-of-law and venue provisions in consumer adhesion contracts are evaluated under applicable state consumer protection statutes.
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This provision asserts Illinois law as the governing framework for all disputes and restricts litigation venue to Illinois courts, which may create geographic and practical constraints for non-Illinois residents whose claims are not resolved through arbitration. The jury trial waiver applies to any litigation that arises, not only to arbitration proceedings.
Under this clause, any claims that proceed to litigation must be filed in DuPage County, Illinois state courts or the Northern District of Illinois federal court, and both parties waive jury trial rights in any such litigation. The agreement asserts Illinois law as governing regardless of the user's state of residence.
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