California law governs your agreement with Medium, and any court disputes that are not sent to arbitration must be filed in courts in San Francisco, California.
This analysis describes what Medium'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 clause establishes the legal framework and venue for dispute resolution, determining which substantive law applies to interpretation of the agreement and which courts have authority to adjudicate non-arbitrable disputes.
Non-California users who have a dispute with Medium that falls outside the arbitration clause would need to litigate in San Francisco courts, which may be practically inaccessible and cost-prohibitive for most individuals.
How other platforms handle this
These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles. Any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in San Francisco County, California, and you consent to the personal jurisd...
These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted hereunder, you and StockX agree to submit to the personal and exclusive jurisdiction ...
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario, Canada for t...
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"These Terms are governed by the laws of the State of California, without regard to its conflict of laws provisions. Any disputes not subject to arbitration will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.— Excerpt from Medium's Medium Terms of Service
(1) REGULATORY LANDSCAPE: California governing law clauses are standard in technology platform agreements. However, EU and UK consumer protection law generally does not allow mandatory foreign governing law clauses to strip consumers of protections afforded by their home jurisdiction's mandatory rules. GDPR enforcement, for example, is not limited by a platform's choice of California law. (2) GOVERNANCE EXPOSURE: Low for U.S. users in most circumstances, given the prevalence of California law clauses in technology contracts and the combined effect of the arbitration clause (which handles most disputes). Medium for international users, particularly EU and UK residents, where home jurisdiction mandatory consumer protections may override the California choice-of-law clause. (3) JURISDICTION FLAGS: EU and UK users should be aware that their statutory consumer and data protection rights are not waived by a California governing law clause. Cross-border dispute resolution for non-U.S. users may engage EU consumer ODR (Online Dispute Resolution) frameworks independent of Medium's arbitration and governing law provisions. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations contracting with Medium outside California should assess whether the exclusive jurisdiction clause creates litigation burden if a commercial dispute arises. The clause applies only to non-arbitrable disputes, which limits its practical scope given the breadth of the arbitration agreement. (5) COMPLIANCE CONSIDERATIONS: International users and organizations with EU or UK operations should assess whether California governing law is compatible with their applicable regulatory obligations and whether GDPR-based claims can be pursued through EU supervisory authorities independently of this clause.
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This clause establishes the legal framework and venue for dispute resolution, determining which substantive law applies to interpretation of the agreement and which courts have authority to adjudicate non-arbitrable disputes.
Non-California users who have a dispute with Medium that falls outside the arbitration clause would need to litigate in San Francisco courts, which may be practically inaccessible and cost-prohibitive for most individuals.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
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