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The agreement requires users to resolve all disputes with Uber through binding individual arbitration rather than through court proceedings, and both parties waive their right to a jury trial. This obligation applies to disputes arising before or after the date the terms are accepted, including personal injury and death 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 requires that disputes, including those involving personal injury or death, proceed through private arbitration rather than the court system, with an arbitrator's decision being final and binding. The provision also asserts that the FAA governs interpretation and enforcement, asserting preemption of state arbitration laws to the fullest extent permitted.
Interpretive note: Enforceability of retroactive application to pre-existing claims and personal injury or death claim arbitration requirements may vary by jurisdiction and applicable state law.
Under this clause, users who have agreed to these terms are contractually required to submit disputes to individual arbitration rather than file suit in court, and the arbitrator's decision is final and binding. The agreement states this obligation applies regardless of when the dispute arose, including claims that predated acceptance of these terms.
How other platforms handle this
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...
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.
except disputes relating to the enforcement or validity of your, your licensors', our, or our licensors' intellectual property rights
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"By agreeing to these Terms, you agree that you are required to resolve any claim and/or lawsuit that you may have against Uber on an individual basis in binding arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and Uber are opting for a private dispute resolution procedure where you agree to accept the arbitrator's decision as final instead of going to court. You and Uber are each waiving your right to a jury trial.Excerpt from Uber's Terms of Use
REGULATORY LANDSCAPE: This provision expressly invokes the Federal Arbitration Act (9 U.S.C. § 1 et seq.) as the governing interpretive and enforcement framework, asserting preemption of state laws. The FTC has authority over consumer-facing arbitration provisions that may constitute unfair or deceptive practices. California courts and the California Supreme Court have historically scrutinized adhesion arbitration clauses under unconscionability doctrine, though the FAA preemption assertion complicates state-law challenges. GOVERNANCE EXPOSURE: High. The breadth of disputes covered, including personal injury and death claims, and the retroactive application to disputes arising before acceptance of the terms, creates material exposure. The pre-arbitration informal dispute resolution conference requirement functions as a procedural gatekeeper that could result in dismissal of arbitration demands if not satisfied. JURISDICTION FLAGS: California creates heightened exposure due to its consumer protection framework and history of challenging adhesion arbitration clauses. The retroactive application of arbitration to pre-existing claims may face enforceability challenges in multiple jurisdictions. Personal injury and death claim arbitration requirements interact with state tort law frameworks in ways that may affect enforceability depending on the state. CONTRACT AND VENDOR IMPLICATIONS: The provision applies to all users by acceptance of the terms through continued platform use, without a separate signature, which may affect enforceability analysis in certain jurisdictions. Legal teams reviewing platform agreements should assess whether users received adequate notice of the arbitration requirement at onboarding. COMPLIANCE CONSIDERATIONS: Compliance teams should verify that the pre-arbitration informal dispute resolution conference process is operationally documented and consistently offered, as the terms state the arbitrator shall dismiss demands filed before completion of this step. The retroactive scope of arbitration coverage warrants review against applicable state statutes of limitations and any pending litigation.
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.
This provision requires that disputes, including those involving personal injury or death, proceed through private arbitration rather than the court system, with an arbitrator's decision being final and binding. The provision also asserts that the FAA governs interpretation and enforcement, asserting preemption of state arbitration laws to the fullest extent permitted.
Under this clause, users who have agreed to these terms are contractually required to submit disputes to individual arbitration rather than file suit in court, and the arbitrator's decision is final and binding. The agreement states this obligation applies regardless of when the dispute arose, including claims that predated acceptance of these terms.
ConductAtlas has identified this type of provision across 211 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Uber.