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This provision requires users and Medium to resolve virtually all legal disputes, including privacy and data security claims, through individual binding arbitration administered by JAMS, and prohibits class or representative actions. Consumers may elect to hold arbitration in their county of residence rather than San Francisco.
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 requires that disputes proceed through individual JAMS arbitration rather than court litigation, with the arbitrator holding exclusive authority over procedural and substantive decisions. The class action waiver applies to arbitration and court proceedings alike, limiting users to individual claims only.
The updated terms establish that Medium may stop providing the Services or any of its features within its sole discretion. The prior language focused on subscription account sign-up mechanics; the new provision creates an explicit contractual reservation allowing Medium to discontinue platform features or the entire service without conditions tied to a specific event or timeline. The terms do not specify advance notice requirements, transition periods, or user remedies if the service is discontinued.
View change record →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 →Under this clause, users who did not opt out within 30 days of first accepting these terms are required to submit disputes, including privacy and data security claims, to individual JAMS arbitration and may not participate in class or representative proceedings. Consumer users may elect to hold arbitration hearings in their county of residence rather than San Francisco.
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"Except for small claims disputes in which you or Medium seeks to bring an individual action in small claims court located in the county where you reside or disputes in which you or Medium seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Medium waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, "Disputes") resolved in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco, California unless you're a consumer, in which case you may elect to hold the arbitration in your county of residence. No class or representative actions or arbitrations are allowed under this arbitration provision.Excerpt from Medium's Terms of Service
1) REGULATORY LANDSCAPE: This provision explicitly invokes the Federal Arbitration Act (9 U.S.C. § 1 et seq.) as the governing framework for enforceability. The FTC has expressed regulatory interest in mandatory arbitration clauses in consumer contracts, and the Consumer Financial Protection Bureau has rulemaking authority in related financial contexts. The enforceability of class action waivers in consumer contracts has been subject to judicial scrutiny under state consumer protection statutes in California, New Jersey, and other jurisdictions. 2) GOVERNANCE EXPOSURE: High. The clause covers all disputes arising out of or related to Medium's Services, expressly including privacy and data security claims, which means users cannot pursue collective redress mechanisms for systemic data handling issues. The arbitrator holds exclusive authority to determine arbitrability, which has been subject to legal challenge in consumer contexts. 3) JURISDICTION FLAGS: EU and UK users may retain rights under local consumer protection and data protection frameworks that cannot be waived by contract, including GDPR Article 79 rights to judicial remedy. California's McGill rule and public injunctive relief doctrine may limit the enforceability of the waiver in certain California consumer contexts. The provision's severability language attempts to preserve arbitration of individual claims if class relief provisions are found unenforceable. 4) CONTRACT AND VENDOR IMPLICATIONS: B2B contracts incorporating Medium's services should assess whether this arbitration clause binds the contracting entity or its individual users. The clause asserts that Medium controls the defense or settlement of third-party claims under the indemnification provision, which may create tension with enterprise risk management protocols requiring mutual consent to settlement. 5) COMPLIANCE CONSIDERATIONS: Legal teams should verify that the 30-day opt-out window was communicated and documented at the time users first accepted these terms, and assess whether any internal employee or vendor use of Medium services implicates the arbitration clause. EU-based compliance teams should evaluate whether the mandatory arbitration clause conflicts with GDPR's requirement that data subjects retain access to judicial remedies for data protection violations.
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This clause requires that disputes proceed through individual JAMS arbitration rather than court litigation, with the arbitrator holding exclusive authority over procedural and substantive decisions. The class action waiver applies to arbitration and court proceedings alike, limiting users to individual claims only.
Under this clause, users who did not opt out within 30 days of first accepting these terms are required to submit disputes, including privacy and data security claims, to individual JAMS arbitration and may not participate in class or representative proceedings. Consumer users may elect to hold arbitration hearings in their county of residence rather than San Francisco.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Medium.