This analysis describes what Substack'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
How other platforms handle this
The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims.
either party retains the right to bring an individual action in small claims court, if the claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.
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...
"you and Substack shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.Excerpt from Substack's Terms of Use
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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The clause states: “you and Substack shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.”
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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