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Amazon disclaims all express and implied warranties regarding Amazon Services and limits its liability for all categories of damages, including direct, indirect, incidental, punitive, and consequential damages, to the full extent permitted by applicable law.
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 provision asserts a broad disclaimer of warranties and a comprehensive limitation of liability covering all damage types, qualified by the phrase 'to the full extent permissible by law,' which acknowledges that applicable law in certain jurisdictions may limit the enforceability of these disclaimers.
Interpretive note: Enforceability of the warranty disclaimer and liability limitation varies by jurisdiction; mandatory statutory consumer rights in the EU and several U.S. states may supersede portions of this provision.
Under this clause, Amazon Services are provided without warranties of any kind, and Amazon's liability for damages of all types is disclaimed to the extent permitted by applicable law. Consumers in jurisdictions with statutory consumer protections may retain rights that cannot be waived by contract.
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"THE AMAZON SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AMAZON SERVICES ARE PROVIDED BY AMAZON ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AMAZON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AMAZON SERVICES. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, AMAZON WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AMAZON SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.Excerpt from Amazon's Conditions of Use
1) REGULATORY LANDSCAPE: This provision interacts with consumer protection statutes in multiple jurisdictions that restrict or prohibit the disclaimer of implied warranties or limitation of liability in consumer contracts. In the EU, the Consumer Rights Directive and national implementations impose mandatory warranty rights that cannot be waived. In the U.S., the Magnuson-Moss Warranty Act and state consumer protection statutes in California, New York, and other jurisdictions may limit the enforceability of broad warranty disclaimers against consumers. The provision's qualifier 'to the full extent permissible by law' reflects awareness of these constraints. 2) GOVERNANCE EXPOSURE: Medium. While broad warranty disclaimers and liability limitations are standard in platform terms of use, the categorical exclusion of punitive and consequential damages may face enforceability challenges in jurisdictions with mandatory consumer warranty rights. Institutional users relying on Amazon Services for critical business operations should evaluate whether this limitation of liability is consistent with their risk management frameworks. 3) JURISDICTION FLAGS: EU/EEA users benefit from mandatory statutory warranty rights that may supersede this disclaimer. California's Consumers Legal Remedies Act and similar state statutes may limit enforceability of warranty disclaimers against resident consumers. The provision applies globally as written, with the qualifier that local law controls where it conflicts. 4) CONTRACT AND VENDOR IMPLICATIONS: B2B agreements that incorporate Amazon Services should evaluate whether this liability limitation is consistent with the counterparty's contractual risk allocation requirements. Enterprise procurement teams should assess whether separate service level agreements or written warranties (referenced by the document's 'unless otherwise specified in writing' qualifier) are available and should be negotiated. 5) COMPLIANCE CONSIDERATIONS: Legal teams should document the potential gap between this limitation of liability and statutory consumer rights applicable in operating jurisdictions. For EU-facing operations, compliance with mandatory warranty obligations should be assessed independently of this disclaimer. Written service agreements with Amazon that provide specific warranties should be identified and preserved.
Regulatory citations, enforcement risk, and due diligence action items.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
This provision asserts a broad disclaimer of warranties and a comprehensive limitation of liability covering all damage types, qualified by the phrase 'to the full extent permissible by law,' which acknowledges that applicable law in certain jurisdictions may limit the enforceability of these disclaimers.
Under this clause, Amazon Services are provided without warranties of any kind, and Amazon's liability for damages of all types is disclaimed to the extent permitted by applicable law. Consumers in jurisdictions with statutory consumer protections may retain rights that cannot be waived by contract.
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