This provision caps Amazon's total financial liability to a user for any claim at the greater of the amount the user paid Amazon in the prior 12 months or $100, and excludes indirect, consequential, punitive, and exemplary damages.
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 clause establishes a financial ceiling on Amazon's liability exposure per user claim and excludes entire categories of damages. The cap may be practically low for users who sustained losses exceeding amounts paid to Amazon or who did not make recent payments.
Interpretive note: Enforceability of the damages exclusion and $100 floor may vary by jurisdiction and by the nature of the underlying claim, particularly in states with consumer protection statutes that limit contractual liability waivers.
The updated terms mandate binding arbitration for all disputes arising from Amazon Services or products sold through Amazon.com, replacing the prior court-based system. Customers waive their right to sue in court, have a jury trial, or pursue class action claims; disputes will be resolved by a single arbitrator administering JAMS Streamlined Arbitration Rules. The terms require a 60-day mandatory pre-arbitration resolution process with customer service before arbitration can be initiated. Small claims court remains available as an exception if applicable in your jurisdiction, and injunctive relief in court is available only for intellectual property infringement or restraint of future law violations.
View change record →The liability cap mechanism referencing the 12-month payment amount was removed, and the clause now uses broader "damages of any kind" language without a specific monetary limit.
View full change record →Under this clause, any monetary recovery from Amazon arising from a claim is limited to the greater of amounts paid in the preceding 12 months or $100, regardless of the nature or extent of the harm alleged. Categories including consequential and punitive damages are contractually excluded, subject to what applicable law permits.
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"TO THE FULL EXTENT PERMITTED BY LAW, AMAZON, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. AMAZON'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE CONDITIONS OF USE OR THE AMAZON SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID AMAZON IN THE 12 MONTHS PRECEDING THE CLAIM AND (B) $100.Excerpt from Amazon's Conditions of Use
(1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts may interact with state consumer protection statutes that void or limit contractual liability caps in cases of gross negligence, willful misconduct, or statutory violations.
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This clause establishes a financial ceiling on Amazon's liability exposure per user claim and excludes entire categories of damages. The cap may be practically low for users who sustained losses exceeding amounts paid to Amazon or who did not make recent payments.
Under this clause, any monetary recovery from Amazon arising from a claim is limited to the greater of amounts paid in the preceding 12 months or $100, regardless of the nature or extent of the harm alleged. Categories including consequential and punitive damages are contractually excluded, subject to what applicable law permits.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
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