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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.
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"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 arbitration agreements are unenforceable for such claims at the election of the claimant. The document's inclusion of this exception aligns the terms with this federal statutory requirement. The small claims and intellectual property exceptions are standard in consumer arbitration agreements and generally consistent with FAA jurisprudence. GOVERNANCE EXPOSURE: Low. The exceptions are relatively narrow and consistent with legal requirements and standard practice. The sexual assault and harassment exception is legally required under the EFAA and its inclusion does not expand user rights beyond the statutory floor. JURISDICTION FLAGS: State laws may provide additional exceptions to arbitration requirements that are not reflected in these terms; the enforceability of mandatory arbitration for specific claim types varies by state and the EFAA establishes a federal floor for sexual misconduct claims. California's Ending Forced Arbitration of Sexual Harassment Act preceded the federal law and aligns with the exception. CONTRACT AND VENDOR IMPLICATIONS: Organizations reviewing platform agreements should note that the EFAA exception applies at the claimant's election, meaning Uber cannot compel arbitration of sexual assault or harassment claims even where the agreement otherwise requires it. Legal teams should ensure internal claims handling procedures account for court-based proceedings for these claim types. COMPLIANCE CONSIDERATIONS: Compliance teams should verify that the sexual assault and harassment exception is operationally implemented and that claims management procedures appropriately route such claims to court proceedings rather than arbitration intake processes. The individual-only limitation on all three exceptions should be reflected in claims handling procedures.
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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.
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