The agreement specifies Delaware law as the governing law and designates federal or state courts in San Francisco, California as the exclusive venue for legal proceedings, with California courts having exclusive jurisdiction over non-arbitrated claims.
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
This provision establishes the legal framework and venue applicable to disputes that proceed outside arbitration, including any claims by users who have opted out of the arbitration clause. The choice of Delaware law and California venue may affect the procedural rights available to users in other jurisdictions.
Interpretive note: Choice-of-law clauses in consumer contracts may not effectively displace mandatory consumer protection provisions in EU, UK, and certain US state jurisdictions, creating variance in how this provision applies across Uber's user base.
Under this clause, disputes not resolved through arbitration are subject to Delaware law and must be brought in courts in San Francisco, California. Users in other states or countries who have successfully opted out of arbitration would need to litigate in California under Delaware law, which may create practical barriers to pursuing claims.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
These Terms are governed by the laws of the State of California and the United States without regard to conflicts of laws provisions
"These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in San Francisco, California.Excerpt from Uber's Terms of Use
1) REGULATORY LANDSCAPE: Choice-of-law clauses in consumer contracts interact with state consumer protection statutes, some of which cannot be contractually waived by choice of another state's law.
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This provision establishes the legal framework and venue applicable to disputes that proceed outside arbitration, including any claims by users who have opted out of the arbitration clause. The choice of Delaware law and California venue may affect the procedural rights available to users in other jurisdictions.
Under this clause, disputes not resolved through arbitration are subject to Delaware law and must be brought in courts in San Francisco, California. Users in other states or countries who have successfully opted out of arbitration would need to litigate in California under Delaware law, which may create practical barriers to pursuing claims.
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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