This analysis describes what Square'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 updated terms modify how arbitration disputes are resolved when 25 or more similar claims are brought against Square. Previously, Square's terms referenced 'Bellwether Arbitration procedures' under which test cases would be selected and remaining demands could proceed individually under standard rules if settlement failed. The updated framework establishes a mandatory mediation phase after initial arbitrations resolve, and requires remaining claims to proceed in batches of up to 100 rather than individually, with one arbitrator and consolidated fees per batch. This may reduce the procedural flexibility for claimants pursuing claims outside the initial test-case group, though the batch structure may reduce overall administrative costs. The terms now explicitly state that NAM shall administer batches concurrently and that parties will engage in a 'single global mediation' before batch proceedings commence.
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You may not assign your rights, licenses, or obligations under these Terms. Any attempt to do so is void. Instacart may assign its rights, licenses, and obligations under these Terms without limitation.
If your account is terminated by you or by Tinder for any reason, these Terms continue and remain enforceable between you and Tinder, and you will not be entitled to any refund for purchases made.
These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company.
"No provision in these Terms is intended or shall create any rights with respect to the subject matter of these Terms in any third party.Excerpt from Square's Terms of Service
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The clause states: “No provision in these Terms is intended or shall create any rights with respect to the subject matter of these Terms in any third party.”
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