Any legal disputes with Medium that are not sent to arbitration will be handled under California law in San Francisco courts — even if you live in another state or country.
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
The choice of law and venue provisions specify the legal framework and jurisdiction applicable to disputes, which determines which courts have authority to hear non-arbitrated claims and which substantive law governs contract interpretation and enforcement.
The updated terms expand a data collection warranty to apply to all personal information users provide to Medium, not limited to newsletter editor submissions. Users now represent and warrant that any personal information they submit has been lawfully collected and that all required notices and consents were obtained before collection. This means the warranty applies whether data is provided through newsletters, account profiles, submissions, or other Medium features. If a user provides personal information collected without proper notice or consent, they may be in breach of this representation.
View change record →Minor wording refinement from 'conflict of law provisions' to 'its conflict of laws provisions' and from 'personal jurisdiction and venue' to 'exclusive jurisdiction.'
View full change record →Non-California users who successfully opt out of arbitration or have claims excluded from the arbitration clause must still litigate in San Francisco, California — creating a geographic and financial barrier to legal recourse for most users.
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 are governed by the laws of the State of California, without regard to conflict of law provisions. For disputes not covered by our arbitration agreement, you and Medium agree to the personal jurisdiction and venue of the state and federal courts located in San Francisco, California.— Excerpt from Medium's Medium Terms of Service
REGULATORY FRAMEWORK: Choice-of-law and forum selection clauses in consumer contracts are subject to scrutiny under state consumer protection statutes. Many states (including New York GBL §399-c and various EU member state laws) prohibit forum selection clauses that require consumers to litigate in distant forums. EU Regulation 1215/2012 (Brussels I Recast) generally requires that consumer disputes in the EU be litigated in the consumer's home jurisdiction, overriding contractual forum selection. UK CPR Part 6 similarly protects UK consumers from foreign forum selection in consumer contracts.
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The choice of law and venue provisions specify the legal framework and jurisdiction applicable to disputes, which determines which courts have authority to hear non-arbitrated claims and which substantive law governs contract interpretation and enforcement.
Non-California users who successfully opt out of arbitration or have claims excluded from the arbitration clause must still litigate in San Francisco, California — creating a geographic and financial barrier to legal recourse for most users.
ConductAtlas has identified this type of provision across 201 platforms. See the full comparison.
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