This analysis describes what OpenSea'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
Users cannot pool claims with others, which limits the practical ability to pursue low-value disputes that would only be economically viable as a group action.
Users must pursue any claim individually and cannot participate in or initiate a class arbitration against OpenSea.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"All claims must be brought on an individual basis. Claims of more than one party cannot be arbitrated or consolidated without written consent from all parties. Class arbitrations are expressly prohibited.Excerpt from OpenSea's Terms of Service
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
Users cannot pool claims with others, which limits the practical ability to pursue low-value disputes that would only be economically viable as a group action.
Users must pursue any claim individually and cannot participate in or initiate a class arbitration against OpenSea.
ConductAtlas has identified this type of provision across 205 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by OpenSea.