This service forces users into binding arbitration in the case of disputes


Service: Brainly
Status: approved
Changes: 9
Source: link
Author: (deactivated)


THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
In the Terms of Use applicable to users not in Europe, "THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS." It also states that, "YOU AND BRAINLY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION." However, for the Terms of Use applicable to users in Europe, "English law will apply to all disputes and the interpretation of these Terms of Use. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service."


Comments:
On 2019-03-02 08:54:56 UTC, (deactivated) wrote:

changes-requested: The annotation is present in the linked ToS but not in the annotated ToS.

On 2019-03-02 23:15:18 UTC, (deactivated) wrote:

not possible to use annoated ToS; the webcrawler does not work

On 2019-03-02 23:24:17 UTC, (deactivated) wrote:

Again, don't think the failure of annotation and crawling should mean a deletion from TOS;DR as TOS;DR has been around long before this annotation feature was added, plus there is the feature to add points not linked to a certain document

On 2019-03-03 09:22:50 UTC, (deactivated) wrote:

It is Brainly that is preventing our crawler to read their ToS by using a captcha. I am discussing this issue with our team and proposed to exclude such badly behaving services from ToS;DR.

On 2019-04-13 02:03:39 UTC, (deactivated) wrote:

For some reason attempting to recrawl set the status to "Draft"

On 2019-05-11 16:00:18 UTC, michielbdejong wrote:

approved: LGTM

On 2020-07-27 10:36:54 UTC, kevinstrootman wrote:

But the thing is what plays the role of arbitration here since it is quite obvious that (T&C) is a page on a
website for cheap essay writers that clearly defines the rights and responsibilities of anyone using the site. In simple words legally binding contract and guidelines between you and your users to navigate all the way through the website



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: 2019-05-11 16:00:18 UTC by michielbdejong

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Version 2: 2019-04-13 02:03:39 UTC by

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Version 3: 2019-04-13 01:57:24 UTC by

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Version 4: 2019-03-02 23:15:36 UTC by

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Version 5: 2019-03-02 08:54:56 UTC by ps

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Version 6: 2019-01-26 05:59:30 UTC by

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Version 7: 2019-01-26 05:57:28 UTC by

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Version 8: 2018-12-31 21:50:22 UTC by

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Previous Analysis: Generated through the annotate view

Updated Analysis: In the Terms of Use applicable to users not in Europe, "THESE TERMS REQUIRE THE USE OF BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ALL DISPUTES ARISING UNDER THEM, RATHER THAN JURY TRIALS OR CLASS ACTIONS." It also states that, "YOU AND BRAINLY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION." However, for the Terms of Use applicable to users in Europe, "English law will apply to all disputes and the interpretation of these Terms of Use. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service."

Previous Status: No changes recorded

Updated Status: No changes recorded

Version 9: 2018-12-31 21:48:15 UTC by

Previous Title:

Updated Title: This service forces users into binding arbitration in the case of disputes

Previous Analysis:

Updated Analysis: Generated through the annotate view

Previous Status:

Updated Status: pending