Amazon limits its financial liability to you for nearly all types of damages, including indirect, incidental, punitive, and consequential damages, regardless of the cause.
This analysis describes what Amazon'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 limitation means that even if Amazon's service failure causes you significant financial harm, data loss, or other damages beyond direct out-of-pocket costs, you may have very limited ability to recover those losses from Amazon under these terms.
Interpretive note: The phrase 'to the full extent permissible by law' acknowledges that applicable law may limit these exclusions; the actual scope of enforceable limitation varies significantly by jurisdiction.
If you experience harm from using Amazon's services, such as financial loss from a fraudulent transaction or damage caused by a software defect, this clause limits the types of damages you can claim from Amazon, potentially leaving significant losses uncompensated depending on applicable law.
How other platforms handle this
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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"TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON.COM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMAZON.COM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AMAZON SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AMAZON SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.— Excerpt from Amazon's Amazon Conditions of Use
(1) REGULATORY LANDSCAPE: Limitation of liability clauses engage the UCC, common law contract principles, and consumer protection statutes at both state and federal levels. EU Directive 93/13/EEC and its national implementations may render blanket liability limitations unfair and unenforceable in consumer contracts. The FTC may scrutinize liability limitations that effectively eliminate consumer remedies for deceptive or unfair practices. (2) GOVERNANCE EXPOSURE: Medium. Broad liability limitation clauses are standard in U.S. consumer platform terms. However, the exclusion of consequential and punitive damages could become a governance issue if Amazon is found to have engaged in conduct that caused significant consumer harm, as courts in some jurisdictions may not enforce these limitations in cases involving gross negligence or willful misconduct. (3) JURISDICTION FLAGS: EU and UK consumers retain statutory rights that may supersede contractual liability limitations. California courts have declined to enforce liability limitations in contracts involving consumer protection statute violations. New Jersey and other states have similar doctrines. (4) CONTRACT AND VENDOR IMPLICATIONS: Sellers and developers who use Amazon's infrastructure services should assess whether the liability limitation in the Conditions of Use applies to their commercial use of Amazon services or whether separate service agreements with higher liability thresholds govern their relationship. (5) COMPLIANCE CONSIDERATIONS: Risk management teams should assess whether insurance coverage adequately addresses the gap created by Amazon's liability limitation for businesses that depend heavily on Amazon infrastructure or marketplace access.
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This limitation means that even if Amazon's service failure causes you significant financial harm, data loss, or other damages beyond direct out-of-pocket costs, you may have very limited ability to recover those losses from Amazon under these terms.
If you experience harm from using Amazon's services, such as financial loss from a fraudulent transaction or damage caused by a software defect, this clause limits the types of damages you can claim from Amazon, potentially leaving significant losses uncompensated depending on applicable law.
ConductAtlas has identified this type of provision across 9 platforms. See the full comparison.
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