Arbitration clause in new StackExchange ToS


Service: Stack Exchange
Status: DECLINED
Case: none
Changes: 6
Source: link
Author: user 355


Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
"YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS." Stackexchange ToS (https://stackexchange.com/legal/terms-of-service/public#licensing) https://meta.stackexchange.com/questions/309746/a-new-2018-update-to-our-terms-of-service-is-here https://meta.stackexchange.com/questions/309797/were-examining-the-implementation-of-arbitration-in-the-2018-tos-update


Comments:
On 2018-08-20 10:18:14 UTC, michielbdejong Staff wrote:

Great to see that they listened to users, went through great lengths to explain what they're doing and why, and actually provided a way to opt-out of binding arbitration, but it's a pity that it has to be within 30 days of one of their updates, and it's not clear to me whether, if you do that, you only get access to individual court cases, or also to class action.

On 2018-08-20 10:24:57 UTC, michielbdejong Staff wrote:

Interestingly, if you do write them within 30 days, you're still bound to this other paragraph, which is not binding arbitration (you are allowed to go to a 'small claims' court) but it does exclude trial by jury as well as class action. So please assign https://edit.tosdr.org/cases/117 for this point (the way our tool currently works, only the author can do that).

On 2018-08-29 08:25:19 UTC, michielbdejong Staff wrote:

changes-requested: See previous comment

On 2020-12-23 16:25:54 UTC, Agnes de Lion Staff wrote:

declined: The point hasn't been changed for more than 2 months.



We track editorial changes to analyses and updates to a point's status and display the previous versions here as part of an effort to promote transparency regarding our curation process.

Version 1: 2020-12-23 16:25:54 UTC by Agnes de Lion Staff

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Version 2: 2018-08-29 08:25:19 UTC by michielbdejong Staff

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Version 3: 2018-08-20 10:21:48 UTC by michielbdejong Staff

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Version 4: 2018-08-20 10:13:20 UTC by michielbdejong Staff

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Version 5: 2018-08-20 10:11:33 UTC by michielbdejong Staff

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Version 6: 2018-05-14 09:44:23 UTC by user 355

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Updated Title: Arbitration clause in new StackExchange ToS

Previous Analysis:

Updated Analysis: "YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS." Stackexchange ToS (https://stackexchange.com/legal/terms-of-service/public#licensing) https://meta.stackexchange.com/questions/309746/a-new-2018-update-to-our-terms-of-service-is-here https://meta.stackexchange.com/questions/309797/were-examining-the-implementation-of-arbitration-in-the-2018-tos-update

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Updated Status: PENDING