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
The clause designates California substantive law as the governing legal framework and requires non-arbitrable disputes to proceed in a specific geographic jurisdiction, establishing the procedural and substantive rules that apply to court-based dispute resolution.
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.
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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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The clause designates California substantive law as the governing legal framework and requires non-arbitrable disputes to proceed in a specific geographic jurisdiction, establishing the procedural and substantive rules that apply to court-based dispute resolution.
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.
ConductAtlas has identified this type of provision across 174 platforms. See the full comparison.
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