The agreement states that the Terms of Service are governed by New York law, without regard to conflict of law rules.
This analysis describes what Skillshare'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 New York governing law clause determines the substantive law applicable to disputes between users and Skillshare, including interpretation of the arbitration provision and any claims not covered by federal law. This choice of law may affect users' ability to invoke consumer protection rights under their home state or country law.
Interpretive note: Enforceability of the New York governing law clause against users in the EU, UK, and certain US states depends on applicable mandatory consumer protection law in those jurisdictions.
Under this clause, disputes arising from these terms are interpreted under New York law. Users located in other states or countries may have consumer protection rights under their local law that interact with or differ from New York law; whether those rights are preserved depends on applicable law and jurisdiction.
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 of Service and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of law provisions.— Excerpt from Skillshare's Skillshare Terms of Service
1. REGULATORY LANDSCAPE: Choice of law clauses in consumer contracts engage state consumer protection law in the user's home jurisdiction. Some states, particularly California, do not always give full effect to out-of-state choice of law provisions in consumer contracts when doing so would deprive users of protections under California law. EU users are entitled to the consumer protection provisions of their member state under EU consumer law, which may supersede the New York choice of law for EU-resident consumers. 2. GOVERNANCE EXPOSURE: Medium. The interaction between the New York governing law clause and the mandatory arbitration clause may affect which substantive law applies to arbitral proceedings, particularly for California-resident users who have specific statutory rights. 3. JURISDICTION FLAGS: California, EU/EEA member states, and the UK create heightened exposure. EU Regulation 593/2008 (Rome I) provides that a choice of law cannot deprive EU consumers of the mandatory protections of their home state law. UK consumer law similarly protects against unfavorable choice of law in consumer contracts. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise and institutional purchasers in jurisdictions outside New York should review whether the governing law clause is consistent with their procurement policies and whether local mandatory law protections are preserved. 5. COMPLIANCE CONSIDERATIONS: Review whether the New York governing law clause is enforceable as against users in the EU, UK, and key US consumer protection states, and whether any localized terms or disclosures are required to ensure compliance with mandatory local law.
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The New York governing law clause determines the substantive law applicable to disputes between users and Skillshare, including interpretation of the arbitration provision and any claims not covered by federal law. This choice of law may affect users' ability to invoke consumer protection rights under their home state or country law.
Under this clause, disputes arising from these terms are interpreted under New York law. Users located in other states or countries may have consumer protection rights under their local law that interact with or differ from New York law; whether those rights are preserved depends on applicable law and jurisdiction.
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