The agreement designates New York law as the governing law for disputes and requires non-arbitration legal proceedings to be brought exclusively in New York federal or state courts.
This analysis describes what Teachable'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 requires that any court proceedings not resolved through arbitration be brought in New York courts under New York law, which may impose geographic and legal burden on users outside New York who seek judicial resolution of disputes.
Interpretive note: Enforceability of the New York forum selection clause against international consumers, particularly in the EU and UK, depends on applicable mandatory consumer protection law in those jurisdictions.
Under this clause, disputes not resolved through arbitration must be litigated in New York courts applying New York law. Users located outside New York would need to pursue or defend claims in that jurisdiction unless applicable law in their home jurisdiction overrides this forum selection clause.
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"These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms that is not subject to arbitration shall be brought exclusively in the federal or state courts located in New York, New York, and you consent to personal jurisdiction and venue in such courts.— Excerpt from Teachable's Teachable Terms of Use
1. REGULATORY LANDSCAPE: Forum selection and choice-of-law clauses in consumer contracts interact with EU consumer rights frameworks, which generally entitle consumers to sue and be sued in their home jurisdiction and under home country law. UK consumer contract regulations impose analogous protections. The clause is standard in US platform agreements but may not be enforceable against EU, UK, or other international consumers. 2. GOVERNANCE EXPOSURE: Low to Medium. For US-based business users, the New York forum is a standard commercial choice. For individual consumers and international users, enforceability is jurisdiction-dependent. 3. JURISDICTION FLAGS: EU consumers retain the right to bring proceedings in their member state courts regardless of forum selection clauses under Brussels I Regulation (recast). UK consumers retain similar rights. Non-US international users may face additional barriers to enforcing New York judgments or pursuing claims under New York procedural requirements. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers outside New York should evaluate whether the forum selection clause is consistent with their standard procurement requirements and whether their agreements with Teachable include negotiated forum provisions. 5. COMPLIANCE CONSIDERATIONS: Compliance teams supporting international user bases should document the forum selection clause and assess whether applicable local law overrides it for consumer-facing claims. EU and UK data protection proceedings may proceed in relevant supervisory authority jurisdictions regardless of this clause.
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This provision requires that any court proceedings not resolved through arbitration be brought in New York courts under New York law, which may impose geographic and legal burden on users outside New York who seek judicial resolution of disputes.
Under this clause, disputes not resolved through arbitration must be litigated in New York courts applying New York law. Users located outside New York would need to pursue or defend claims in that jurisdiction unless applicable law in their home jurisdiction overrides this forum selection clause.
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