As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-except-procedural
Except as set forth in Section 15.5, the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the Terms, including without limitation, the interpretation, applicability, enforceability, revocability, scope, validity or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration ... Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court. ... Either party may elect to have disputes regarding whether a complaining party has satisfied the Initial Dispute Resolution procedures set forth in Section 15.1 resolved by a court as a precursor to arbitration.
Company’s fee promise
Reviewed category: mass-proceeding-fees-only
The Administrative Arbitrator’s fees shall be paid by FanDuel.
Fee or cost shifting against the consumer
Reviewed category: frivolous-or-rule-11-only
The arbitrator has the right to impose sanctions for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11), including for any claim filed on behalf of a claimant who is not party to this agreement.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
The aforementioned informal dispute resolution process, including your personal participation in the meet and confer is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding.
Mass-arbitration terms
Reviewed category: batching
in the event that there are 25 or more individual Demands of a substantially similar nature filed against FanDuel by or with the assistance of the same law firm, group of law firms, or organizations (" Claimant’s Counsel "), within a reasonably proximate period of time, NAM shall (1) administer the arbitration Demands in batches of 100 Demands per batch
Small-claims carve-out
Reviewed category: small-claims-referenced-no-carve-out-stated
Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court.
Opt-out
Reviewed category: general-with-window
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice, signed by you, of your decision to opt out to the following address: FanDuel Inc., Attn: Legal, One Madison Ave, 23rd Fl, New York, NY 10010. The notice must be sent within 30 days of March 17, 2026 or your first use of the Service, whichever is later
Unilateral modification
Reviewed category: fresh-rejection-right-per-amendment
FanDuel will provide 30 days’ notice of any material changes to this clause. Changes will apply to all claims not yet filed. If you continue to use the site after the 30th day, or you affirmatively accept the changes sooner after having been provided notice, you agree that any unfiled claims are subject to the revised clause. 15.8.2. If you reject any such changes by opting out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If FanDuel changes this “Binding Arbitration and Class Action Waiver” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you agree that your continued use of the Product(s) or Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in Section 15.7.
Scope
Reviewed category: broad-plus-survives-termination
The following provisions of the Terms survive any termination of these Terms: ... BINDING ARBITRATION AND CLASS ACTION WAIVER ... that in any way relate to the provision or use of FanDuel services, your relationship with FanDuel, or any other dispute with FanDuel, shall be resolved exclusively through binding arbitration ... This includes claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or the Terms as well as claims that may arise after the termination of this Arbitration Agreement or the Terms.
Confidentiality of the arbitration
Reviewed category: documents-exchanged-confidential
You and FanDuel agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys (or other representatives assisting in the prosecution or defense of the arbitration), accountants, or business advisors, and then subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Shortened limitations period
Reviewed category: shortened-to-1-year
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Severability if the class waiver is struck
Reviewed category: batching-tied-whole-clause-void
Except as provided in Section 15.4.1 ("Waiver of Class or Other Non-Individualized Relief"), if any part or parts of this this Binding Arbitration and Class Action Waiver (other than Section 15.6.6 ("Batch Arbitration")) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Binding Arbitration and Class Action Waiver shall continue in full force and effect. However, if Section 15.6.6 ("Batch Arbitration") of this Binding Arbitration and Class Action Waiver is found under the law to be invalid or unenforceable then, in that case, the entire Binding Arbitration and Class Action Waiver shall be void, and the parties agree that all disputes will be heard in the state or federal courts located in New York, New York as required in Section 15.9.1.
Counsel or representation restrictions
Reviewed category: individualized-conference-required
If you are represented by counsel, your counsel may participate in the conference, but you shall also personally attend the conference, unless FanDuel states in writing that you are not required to personally attend. The conference, if requested by either party, shall be individualized such that a separate conference must be held each time either party sends a Notice of Dispute, even if the same law firm or group of law firms or organizations represents multiple users in similar cases, unless all parties agree
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “25 or more” individual Demands of a substantially similar nature — recorded as 25
Window, as reviewed: within a reasonably proximate period of time (no fixed number of days given)
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
in the event that there are 25 or more individual Demands of a substantially similar nature filed against FanDuel by or with the assistance of the same law firm, group of law firms, or organizations (" Claimant’s Counsel "), within a reasonably proximate period of time