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437 votes

A new (2018) update to our Terms of Service is here

Arbitration clauses are inherently abusive. An opt-out is not good enough. You should not have this clause at all. [EDIT: See the expanded version of this post on the follow-up discussion ...
zwol's user avatar
  • 3,606
338 votes

We're examining the implementation of arbitration in the 2018 ToS update

I'm going to repeat and expand upon what I said over on the other post: Arbitration clauses in clickwrap terms-of-service contracts are inherently abusive. An opt-out is not good enough. You should ...
zwol's user avatar
  • 3,606
217 votes

A new (2018) update to our Terms of Service is here

Please remove the arbitration clause. Requiring users to agree to arbitration strips them of the rights and protections afforded them by the legal system and allows the entity handing down the terms ...
Vikki's user avatar
  • 3,308
168 votes

A new (2018) update to our Terms of Service is here

The new terms include an arbitration clause. Arbitration is pretty standard for free online products, but if you really don’t like it, we included a way you can opt out. Is the opt-out going to be ...
user2357112's user avatar
  • 2,417
165 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

I like how easy you've made it to opt out. It speaks well to the level of trust you've placed in your community, and, ironically, makes it less likely to be used. It's those companies that make it ...
fbueckert's user avatar
  • 15.9k
164 votes

We're examining the implementation of arbitration in the 2018 ToS update

You wrote in the original announcement Arbitration is pretty standard for free online products, [...] While forced arbitration agreements seem to be increasingly popular in the US, I don't think ...
Mad Scientist's user avatar
128 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

There were a lot of concerns around the opt-out mechanism and you've responded pretty well to that, IMO. Most of the comments right now are focused on that part of the issue. However, by far the most ...
Pondlife's user avatar
  • 1,167
120 votes

A new (2018) update to our Terms of Service is here

What are the consequences of opting out of the arbitration clause? On some sites it means you can't use the service; presumably that's not the case here. But if there's no consequence and anybody ...
Monica Cellio's user avatar
118 votes

We're examining the implementation of arbitration in the 2018 ToS update

I have no plans to sue SE, but I'm very concerned that the new TOS attempts to apply the arbitration clause to "ALL DISPUTES BETWEEN YOU AND STACK OVERFLOW", no matter who initiated the dispute or who ...
hmakholm left over Monica's user avatar
103 votes

We're examining the implementation of arbitration in the 2018 ToS update

Along with the mandatory arbitration clause, the new Terms of Service would seem to have a mandatory gag order about any and all arbitration cases: You agree that, notwithstanding anything in the ...
dbc's user avatar
  • 4,025
96 votes

Brace yourselves: The GDPR is coming!

Our goals in this update are to ensure we're fully GDPR-compliant, that the rights and protections afforded by the GDPR are extended to all of our users, regardless of location How does this apply to ...
Mithical's user avatar
  • 80.7k
87 votes

We're examining the implementation of arbitration in the 2018 ToS update

I suspect the unilateral carve-out for IP violations in your arbitration clause may violate Jams's Consumer Arbitration Minimum Standards. The Consumer Arbitration Minimum Standards say that The ...
user2357112's user avatar
  • 2,417
86 votes

A new (2018) update to our Terms of Service is here

I'm in Europe, Germany even, and I'm pretty sure that this won't need to be resolved before a US New York court. From: https://www.transatlantic-lawyer.com/2017/12/__trashed/ Last but not least, ...
Tschallacka's user avatar
  • 3,561
80 votes

We're examining the implementation of arbitration in the 2018 ToS update

The arbitration clause won't hold for any visitors from Europe. http://www.privacy-regulation.eu/en/article-77-right-to-lodge-a-complaint-with-a-supervisory-authority-GDPR.htm Without prejudice to ...
Tschallacka's user avatar
  • 3,561
80 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

Thank you for reviewing your options and explaining the situation clearly to us. One thing still concerns me and my inner optimist thinks it's not hard to fix. Here's the problem: I trust Stack ...
Monica Cellio's user avatar
73 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

I see no mention of Europe at all except GDPR. How will you deal with Europeans? The world doesn't stop at the US border. In my answer We're examining the implementation of arbitration in the ...
Tschallacka's user avatar
  • 3,561
62 votes

We're examining the implementation of arbitration in the 2018 ToS update

I don't know if asking a question here is ok but: we would have looked to see if we could implement the clause a bit differently. We included a means to opt-out Is there any reason a user would ...
Steve Bennett's user avatar
57 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

What exactly is the track record of JAMS and why should they be trusted? Quick googling suggests that there are no public records, no oversight or regulation, and no reason to assume the arbitrator ...
tripleee's user avatar
  • 14.1k
55 votes

A new (2018) update to our Terms of Service is here

You mention existing users will get an email providing them with an opportunity to opt-out of the new arbitration clause. Will new users signing up to the network after 2018-05-02 get this opportunity ...
TylerH's user avatar
  • 14.2k
51 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

Is there still a 30 day opt-out period? I'm confused by this: And remember, if you still feel apprehensive, you can always opt-out. (Emphasis in original). Does "always" mean "at any time" (ie, ...
Steve Bennett's user avatar
50 votes

Brace yourselves: The GDPR is coming!

Can we get an answer what will happen to European users with that arbitration clause? Since it's pretty clear that it's unenforceable for European users, and has no real merit here in the ToS. Maybe ...
Tschallacka's user avatar
  • 3,561
49 votes

Do basically all ~1500 people on strike need to separately enter into "mandatory arbitration" after 90 days?

on or around the 3rd September 2023, all ~1500 people on strike...enter into mandatory arbitration, assuming it is not resolved beforehand. No. While the term "dispute" is not defined in ...
cag51's user avatar
  • 1,341
48 votes

Remove the arbitration clause from the Terms of Service

The terms of service existed for many years without an arbitration clause. Even if we end up with an arbitration clause in the end (probably not exactly this one, given Tim's update), Stack Exchange ...
Monica Cellio's user avatar
46 votes

A new (2018) update to our Terms of Service is here

The terms of service claim that even visiting Stack Overflow constitutes agreement to the terms: By accessing or using the Services or the public Network in any manner, including without limitation ...
user2357112's user avatar
  • 2,417
46 votes

How can we opt out from the arbitration clause of the new terms of service?

Such clauses are unenforceable in the EU, so no need for EU citizens to manually opt out. See the European Council Directive 93/13/EEC on Unfair Terms in Consumer Contracts. Basically, there is a ...
user's user avatar
  • 1,627
44 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

We’ve discussed this in every imaginable context with our lawyers and we definitely feel that this is protection that we really can’t do without [...] If possible, I'm interested in more detail on ...
Sam Hanley's user avatar
40 votes

How can we opt out from the arbitration clause of the new terms of service?

I was one who mailed them an arbitration opt-out letter. Not sure if this is exactly acceptable, but here's what I wrote: Name: [my full name] Email: [my email address] Mailing address: [redacted] I ...
Sonic the Anonymous Hedgehog's user avatar
40 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

I'd suggest one small thing if possible. I know you guys are busy, but having a positive confirmation to the opt out back to the email might help with the "what if someone fakes my email?" crowd. At ...
Journeyman Geek's user avatar
40 votes

Electronic opt-out, correcting miscommunication, and additional questions answered about the 2018 ToS update

This update doesn't address the ethical and legal concerns for European Union users. Apart from other aspects, the claim that an arbitration was already in place is disingenuous: We already have ...
Nemo's user avatar
  • 4,066
38 votes

A new (2018) update to our Terms of Service is here

The new TOS links to version 4 of the CC BY-SA, but the footer still links to version 3. Please clarify. The help page should also match whichever version is decided on. It would probably also be ...
curiousdannii's user avatar

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