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The terms state that Delaware law governs these Terms, with the exception of Section 10, which is governed by the Federal Arbitration Act, indicating the presence of an arbitration provision.
This analysis describes what Zelle'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 provision establishes Delaware as the governing law for site-level terms and designates the FAA as the governing framework for Section 10, which by reference indicates an arbitration clause. The interaction between the FAA carve-out and Delaware consumer law creates a dual-framework structure for dispute resolution that may affect users' ability to rely on state-specific consumer protections.
Interpretive note: Section 10, which is governed by the FAA and likely contains the arbitration clause, is referenced but not reproduced in this document, making full assessment of the arbitration framework impossible from this text alone.
Under this clause, disputes arising from site use are governed by Delaware law, while any arbitration-related provisions in Section 10 are governed by the FAA. The specific content of Section 10 is referenced but not reproduced in this document, limiting visibility into the full arbitration framework.
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"With the exception of Section 10 which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of Delaware.Excerpt from Zelle's Terms of Service
1. REGULATORY LANDSCAPE: Choice-of-law clauses designating Delaware law may limit users' ability to invoke more protective consumer statutes in their home states, depending on applicable conflicts-of-law rules and consumer protection exceptions. The FAA carve-out for Section 10 confirms the presence of an arbitration provision, engaging the FAA's preemptive framework for arbitration agreement enforcement. CFPB rules on arbitration in consumer financial contracts may be relevant depending on whether Section 10 applies to payment product disputes or site-only disputes. 2. GOVERNANCE EXPOSURE: Medium. The FAA reference to Section 10 indicates an arbitration clause, the full terms of which are not reproduced in this document. Without access to Section 10, the scope of the arbitration obligation, including any class action waiver, cannot be fully assessed from this document alone. 3. JURISDICTION FLAGS: California courts have applied consumer protection exceptions to out-of-state choice-of-law clauses where application of the chosen state's law would deprive California consumers of unwaivable statutory protections. Similar analysis may apply in New York and other states with strong consumer protection frameworks. 4. CONTRACT AND VENDOR IMPLICATIONS: Financial institutions and partners should obtain and review the full User Service Agreement and Section 10 to assess the complete arbitration framework, as the site-level Terms reference but do not reproduce the arbitration clause. 5. COMPLIANCE CONSIDERATIONS: Legal teams should confirm whether Section 10's arbitration provisions apply to site-level disputes, payment disputes, or both, and assess compatibility with applicable consumer financial protection regulations governing arbitration in consumer contracts.
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This provision establishes Delaware as the governing law for site-level terms and designates the FAA as the governing framework for Section 10, which by reference indicates an arbitration clause. The interaction between the FAA carve-out and Delaware consumer law creates a dual-framework structure for dispute resolution that may affect users' ability to rely on state-specific consumer protections.
Under this clause, disputes arising from site use are governed by Delaware law, while any arbitration-related provisions in Section 10 are governed by the FAA. The specific content of Section 10 is referenced but not reproduced in this document, limiting visibility into the full arbitration framework.
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