California law governs these terms, and any court disputes that are not resolved through arbitration must be filed in Los Angeles County courts.
This analysis describes what Whatnot'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, this provision requires you to travel to Los Angeles to pursue any court-based claim, which can be practically prohibitive for individual users.
Non-California users who have claims that fall outside arbitration would need to litigate in Los Angeles courts, creating a significant geographic and financial barrier to legal recourse.
How other platforms handle this
These Terms shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and GOAT agree to submit to the personal and exclusive jurisdiction of the courts located within Los Angeles County, California for any dispute not subject to arbitration.
This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in San Francisco,...
This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles. Any dispute that is not subject to arbitration will be resolved in the state or federal courts located in San Francisco County, California, and you consent to personal jurisdi...
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"These Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in the Dispute Resolution section, the exclusive jurisdiction for all Disputes (as defined below) that you and Whatnot are not required to arbitrate will be the state and federal courts located in Los Angeles County, California.— Excerpt from Whatnot's Whatnot Terms of Service
(1) REGULATORY LANDSCAPE: Choice of law and exclusive venue clauses are generally enforceable in commercial contracts under US conflict of laws principles, but may be challenged as unconscionable in consumer contracts where the designated forum is geographically inconvenient for the user. Courts in some jurisdictions have declined to enforce exclusive venue clauses in consumer contracts where enforcement would effectively deny access to justice. (2) GOVERNANCE EXPOSURE: Low to Medium. California governing law is advantageous for the company given California's relatively developed tech sector jurisprudence, but also subjects the company to California's strong consumer protection statutes, including the CCPA and CLRA. The LA County venue requirement is common for California-headquartered tech companies. (3) JURISDICTION FLAGS: EU and UK users may not be bound by California choice of law or venue for consumer claims, as local mandatory consumer protection law typically prevails. International users should consult local counsel on whether this clause would be enforced in their jurisdiction. (4) CONTRACT AND VENDOR IMPLICATIONS: B2B partners contracting under these standard terms should assess whether California governing law and LA venue are appropriate for their commercial relationship, and consider negotiating alternative dispute resolution mechanisms in side agreements. (5) COMPLIANCE CONSIDERATIONS: The interaction between California governing law and the arbitration clause should be assessed in light of evolving California arbitration case law, including decisions affecting the enforceability of consumer arbitration clauses under California unconscionability doctrine.
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If you live outside California, this provision requires you to travel to Los Angeles to pursue any court-based claim, which can be practically prohibitive for individual users.
Non-California users who have claims that fall outside arbitration would need to litigate in Los Angeles courts, creating a significant geographic and financial barrier to legal recourse.
ConductAtlas has identified this type of provision across 8 platforms. See the full comparison.
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