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.
The updated terms establish mandatory arbitration as the exclusive dispute resolution mechanism for influencers, replacing direct court access in California and Australia. Under the revised language, any dispute with Whatnot must proceed through arbitration under the main Terms of Service, which includes a class action waiver. This means influencers cannot bring class or collective claims and cannot access court proceedings except where the main Terms of Service explicitly permits. The practical effect is that individual influencers seeking to resolve disagreements with Whatnot over payments, account suspension, content disputes, or contractual interpretation must use arbitration rather than litigation.
View change record →Australian sellers using Whatnot are now required to resolve all disputes through arbitration rather than through Australian courts. The updated terms state that disputes will be resolved exclusively under the main Terms of Service arbitration provisions, removing the previous option to bring legal action in Los Angeles courts or pursue jury trials. The terms no longer include language allowing court proceedings, except where the main Terms of Service expressly permit.
View change record →Strategic sellers on Whatnot are now subject to mandatory arbitration for all disputes with the platform instead of having access to California courts. The updated agreement states that arbitration under the main Terms of Service is the exclusive forum and procedure for resolving disputes, except only to the extent the Terms of Service expressly permit otherwise. This removes the right to jury trial and appeal to higher courts, streamlining dispute resolution to a single binding arbitration proceeding. You can review the arbitration provisions in Section 21 of Whatnot's main Terms of Service to understand the specific procedures and limitations that will apply to any dispute.
View change record →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
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be resolved exclusively in the state or federal courts located in San Francisco County, Californ...
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...
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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 11 platforms. See the full comparison.
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