The agreement states that Boston Dynamics will not be liable for any damages, including direct, indirect, incidental, punitive, or consequential damages, arising from use of the site.
This analysis describes what Boston Dynamics'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 establishes a complete limitation on Boston Dynamics' liability for damages arising from site use. The scope of this limitation, covering direct as well as consequential and punitive damages, is broadly stated, though applicable law in specific jurisdictions may constrain its enforceability against individual consumers.
Interpretive note: The exclusion of direct damages, in addition to indirect and consequential damages, may face enforceability challenges in consumer-facing contexts under Massachusetts Chapter 93A and equivalent statutes in other jurisdictions.
Under this clause, users who experience harm arising from site use, including reliance on inaccurate content or security incidents, may have limited recourse against Boston Dynamics under the terms as written. The enforceability of this limitation against individual consumers depends on applicable state and national law.
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"BOSTON DYNAMICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.— Excerpt from Boston Dynamics's Boston Dynamics Terms of Use
1. REGULATORY LANDSCAPE: Limitation of liability clauses in website terms interact with state consumer protection statutes, including Chapter 93A in Massachusetts (the governing law jurisdiction), which prohibits unfair or deceptive business practices and may limit the scope of contractual liability exclusions against consumers. FTC enforcement authority over unfair practices is also potentially relevant. EU-based users may retain statutory rights under EU consumer protection directives regardless of contractual limitation clauses. 2. GOVERNANCE EXPOSURE: Low to Medium. Blanket exclusions of all damage categories, including direct damages, are standard in website terms but are more frequently limited by courts in consumer-facing contexts. The inclusion of direct damages in the exclusion is notable and may face enforceability challenges in some jurisdictions. 3. JURISDICTION FLAGS: Massachusetts Chapter 93A may limit the enforceability of this clause against Massachusetts consumers. EU consumer protection law generally prohibits contractual exclusion of liability for damages caused by the seller or supplier's negligence. California and New York also have consumer protection frameworks that may interact with this provision. 4. CONTRACT AND VENDOR IMPLICATIONS: Business users who access the site in a commercial context should not rely on the site's accuracy for procurement or technical decisions, given the combination of the warranty disclaimer and liability exclusion. No indemnification by Boston Dynamics toward users is established. 5. COMPLIANCE CONSIDERATIONS: Legal teams advising on claims arising from reliance on Boston Dynamics website content should evaluate the enforceability of this provision under the governing Massachusetts law and, where applicable, EU or state consumer protection statutes.
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This provision establishes a complete limitation on Boston Dynamics' liability for damages arising from site use. The scope of this limitation, covering direct as well as consequential and punitive damages, is broadly stated, though applicable law in specific jurisdictions may constrain its enforceability against individual consumers.
Under this clause, users who experience harm arising from site use, including reliance on inaccurate content or security incidents, may have limited recourse against Boston Dynamics under the terms as written. The enforceability of this limitation against individual consumers depends on applicable state and national law.
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