The agreement requires users and Whatnot to bring any claims only in an individual capacity, prohibiting participation in class action or representative action proceedings.
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
This clause, in conjunction with the mandatory arbitration provision, requires all claims to proceed individually, which may affect the practical ability of users to pursue low-value claims where individual arbitration costs may be disproportionate to potential recovery.
Interpretive note: Enforceability of class action waivers in consumer contracts varies by jurisdiction; state law challenges may limit enforcement in California and other states with active consumer protection frameworks.
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 →The updated terms establish a formal Creator Program for Australian users that defines how creators can submit content for potential monetary or credit rewards. Creators grant Whatnot a one-year, non-exclusive, worldwide license to use submitted videos across paid and organic social media, television, and other platforms, while retaining ownership of the original content. The terms require creators to clearly disclose any material connection to Whatnot, including consideration or free products received, in a form specified by Whatnot and compliant with Australian advertising standards and the AANA Code of Ethics.
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 →Previous version had separate Mandatory Arbitration and Class Action Waiver provisions; current version consolidates them into a single provision with added emphasis on "IMPORTANT NOTICE" and explicit mention of "mass arbitration procedures" and jurisdictional exceptions.
View full change record →Removed the arbitrator consolidation language and completely eliminated the jury trial waiver clause from this provision.
View full change record →The agreement requires each user to bring claims only on an individual basis, not as part of a class or representative action. This applies to all disputes covered by the arbitration provision.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
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...
"CLASS ACTION WAIVER. YOU AND WHATNOT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.Excerpt from Whatnot's Terms of Service
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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.
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This clause, in conjunction with the mandatory arbitration provision, requires all claims to proceed individually, which may affect the practical ability of users to pursue low-value claims where individual arbitration costs may be disproportionate to potential recovery.
The agreement requires each user to bring claims only on an individual basis, not as part of a class or representative action. This applies to all disputes covered by the arbitration provision.
ConductAtlas has identified this type of provision across 206 platforms. See the full comparison.
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