Any legal dispute that does not go through arbitration must be handled in California courts under California law, regardless of where you live.
This analysis describes what Udemy'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
If you live outside California and need to bring a non-arbitrable claim against Udemy, this clause requires you to litigate in California courts, which may be impractical and costly for users located elsewhere.
Interpretive note: Enforceability of the California forum selection clause against EU and UK consumers is uncertain given applicable consumer protection regulations in those jurisdictions that may override contractual forum choices.
Non-California users who need to pursue court action against Udemy face the practical burden of litigating in San Francisco County, California, which could make legal claims prohibitively expensive or logistically difficult.
How other platforms handle this
These Terms shall be governed by the laws of the State of California, excluding its conflicts of law rules, and the federal laws of the United States. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in San Francisco County, California...
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any choice o...
These Terms are governed by the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law provisions. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Hennepin County, Minnesota.
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"These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in San Francisco County, California.— Excerpt from Udemy's Udemy Terms of Use
(1) REGULATORY LANDSCAPE: Forum selection and choice of law clauses are generally enforceable in the US under federal and state contract law, subject to public policy exceptions. In the EU, however, Regulation 1215/2012 (Brussels I Recast) generally allows consumers to sue in their home jurisdiction regardless of contractual forum selection clauses, meaning EU users may not be bound by the California exclusivity requirement. (2) GOVERNANCE EXPOSURE: Low for US users, who are generally bound by these terms. Medium for EU and UK users, for whom consumer protection rules may override the forum selection clause and permit litigation in their home jurisdiction. (3) JURISDICTION FLAGS: EU consumers retain rights under Brussels I Recast and national consumer protection law to sue in their home country courts, which may make the California exclusivity clause unenforceable against them. UK consumers similarly retain rights under retained EU law and the Consumer Rights Act. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise buyers should assess whether the California forum selection clause is workable for their dispute resolution needs, particularly where they operate under governance frameworks requiring local dispute resolution mechanisms. (5) COMPLIANCE CONSIDERATIONS: Legal teams outside California should document the practical implications of this forum selection clause on their ability to seek judicial relief and assess whether enterprise agreements can be negotiated with more favorable jurisdictional terms.
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If you live outside California and need to bring a non-arbitrable claim against Udemy, this clause requires you to litigate in California courts, which may be impractical and costly for users located elsewhere.
Non-California users who need to pursue court action against Udemy face the practical burden of litigating in San Francisco County, California, which could make legal claims prohibitively expensive or logistically difficult.
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