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
This provision establishes the procedural mechanism for dispute resolution under the agreement, directing most claims away from judicial forums and toward arbitration proceedings. It defines the scope of disputes covered by this requirement, including those related to privacy and data security.
Users accept an obligation to arbitrate covered disputes individually rather than pursue court litigation or participate in jury trials. The terms permit users to opt out of arbitration under Section 17 and preserve access to small claims court and injunctive relief proceedings for specified claim types.
How other platforms handle this
You and Teachable agree to resolve any disputes through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You also agree that disputes will only be resolved on an individual basis and not as a class, consolidated, or representative action.
Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by ...
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
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"Please read the following section carefully because it requires you to arbitrate certain disputes and claims with OpenSea and limits the manner in which you can seek relief from us, unless you opt out of arbitration as described in Section 17 below. Except for small claims disputes in which you or OpenSea seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or OpenSea seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and OpenSea waive your rights to a jury trial and to have any 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.— Excerpt from OpenSea's OpenSea 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.
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This provision establishes the procedural mechanism for dispute resolution under the agreement, directing most claims away from judicial forums and toward arbitration proceedings. It defines the scope of disputes covered by this requirement, including those related to privacy and data security.
Users accept an obligation to arbitrate covered disputes individually rather than pursue court litigation or participate in jury trials. The terms permit users to opt out of arbitration under Section 17 and preserve access to small claims court and injunctive relief proceedings for specified claim types.
ConductAtlas has identified this type of provision across 29 platforms. See the full comparison.
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