The arbitration requirement does not apply to individual small claims court actions, individual sexual assault or sexual harassment claims arising from use of the services, or injunctive relief proceedings for intellectual property infringement. All three exceptions require individual rather than class or representative proceedings.
This analysis describes what Uber'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 sexual assault and sexual harassment exception reflects requirements established under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which limits the enforceability of pre-dispute arbitration clauses for such claims in federal law. The small claims and intellectual property exceptions are standard carve-outs in consumer arbitration agreements.
Under these exceptions, users may bring individual sexual assault or sexual harassment claims in court rather than arbitration, consistent with federal statutory requirements. Small claims court actions and intellectual property injunction proceedings are also excluded from arbitration, provided they proceed on an individual basis only.
Cross-platform context
See how other platforms handle Exceptions to Arbitration and similar clauses.
Compare across platforms →"Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.Excerpt from Uber's Terms of Use
REGULATORY LANDSCAPE: The sexual assault and sexual harassment exception reflects the requirements of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 (EFAA), which amended the FAA to provide that pre-dispute …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
Get the research letter
Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.
The sexual assault and sexual harassment exception reflects requirements established under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which limits the enforceability of pre-dispute arbitration clauses for such claims in federal law. The small claims and intellectual property exceptions are standard carve-outs in consumer arbitration agreements.
Under these exceptions, users may bring individual sexual assault or sexual harassment claims in court rather than arbitration, consistent with federal statutory requirements. Small claims court actions and intellectual property injunction proceedings are also excluded from arbitration, provided they proceed on an individual basis only.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Uber.