Craigslist · Craigslist Terms of Use · View original document ↗

Comprehensive Liability Cap and Warranty Disclaimer

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Document Record

What it is

Craigslist makes no guarantees about the reliability, accuracy, or security of the platform, assumes no responsibility for anything that happens through its services, and caps its total financial liability to you at $100 or what you paid in the prior year — whichever is higher.

This analysis describes what Craigslist'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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

The $100 liability cap means that even if Craigslist's platform causes you significant financial harm — through a security failure, data loss, or service outage — your maximum legal recovery against the company under these terms is severely limited, though some jurisdictions restrict such caps.

Interpretive note: The enforceability of the $100 liability cap and warranty disclaimers varies by jurisdiction; consumers in EU, UK, and certain US states may retain statutory rights that override these contractual limits.

Consumer impact (what this means for users)

If you suffer financial losses, data loss, or harm related to Craigslist's platform or services, the company's liability is contractually capped at $100 or your prior-year payments to Craigslist, meaning users have very limited recourse for significant harms, subject to applicable law in their jurisdiction.

How other platforms handle this

Netflix Medium

The Netflix service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights tha...

Anthropic Medium

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...

Fitbit Medium

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FITBIT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) DURING THE TWELV...

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▸ View Original Clause Language DOCUMENT RECORD
"
To the full extent permitted by law, craigslist, Inc., and its officers, directors, employees, agents, licensors, affiliates, and successors in interest ("CL Entities") (1) make no promises, warranties, or representations as to CL, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide CL on an "AS IS" and "AS AVAILABLE" basis and any risk of using CL is assumed by you; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with CL. CL Entities are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to CL, and in no event shall such liability exceed $100 or the amount you paid us in the year preceding such loss.

— Excerpt from Craigslist's Craigslist Terms of Use

ConductAtlas Analysis

Institutional analysis (Compliance & governance intelligence)

(1) REGULATORY LANDSCAPE: Broad warranty disclaimers and liability caps are standard in US platform terms and are generally enforceable under the Uniform Commercial Code and applicable state law, though consumer protection statutes in several states limit the enforceability of such disclaimers in consumer contracts. EU consumer law under the Consumer Rights Directive and national implementations may render warranty disclaimers partially unenforceable for EU-resident consumers. The document acknowledges jurisdictional variability with the phrase 'some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to you.' (2) GOVERNANCE EXPOSURE: Low for US operations, where such caps are standard and widely enforced. Medium for EU and UK operations, where consumer law may impose minimum warranty and liability standards that override contractual disclaimers. The $100 absolute floor is notably low compared to subscription-based platforms where recurring fees could create a higher practical cap. (3) JURISDICTION FLAGS: EU consumers retain statutory rights under national consumer protection law that may not be waived by contract, including rights relating to platform security and data integrity. California's consumer protection statutes may limit the scope of implied warranty disclaimers in some contexts. UK consumers have statutory rights under the Consumer Rights Act 2015 that may survive contractual disclaimer. (4) CONTRACT AND VENDOR IMPLICATIONS: Businesses using Craigslist as part of a commercial workflow should not rely on Craigslist's platform for mission-critical functions given the complete disclaimer of availability, security, and reliability warranties. The cap on liability means contractual indemnification from Craigslist for platform failures is effectively unavailable, and businesses should account for this in their risk management planning. (5) COMPLIANCE CONSIDERATIONS: Legal teams should note that the disclaimer covers security explicitly, meaning in the event of a data breach or security incident affecting user data on Craigslist's platform, the company's contractual liability exposure to users is minimal. Users who believe they have statutory rights beyond what the TOU disclaims should assess those rights under applicable local law.

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has jurisdiction over unfair or deceptive practices and may have interest in whether liability cap disclosures are adequately communicated to consumers before they rely on the platform.
    File a complaint →

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Craigslist Terms of Use
Entity
Craigslist
Document last updated
May 5, 2026
Tracking information
First tracked
April 18, 2026
Last verified
May 11, 2026
Record ID
CA-P-010068
Document ID
CA-D-00287
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
80f85263c430b95f91b78125e0dbb2505055453e668ec19eefe4b53b64a4af6b
Analysis generated
April 18, 2026 11:49 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Craigslist
Document: Craigslist Terms of Use
Record ID: CA-P-010068
Captured: 2026-04-18 11:49:41 UTC
SHA-256: 80f85263c430b95f…
URL: https://conductatlas.com/platform/craigslist/craigslist-terms-of-use/comprehensive-liability-cap-and-warranty-disclaimer/
Accessed: May 13, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Craigslist's Comprehensive Liability Cap and Warranty Disclaimer clause do?

The $100 liability cap means that even if Craigslist's platform causes you significant financial harm — through a security failure, data loss, or service outage — your maximum legal recovery against the company under these terms is severely limited, though some jurisdictions restrict such caps.

How does this clause affect you?

If you suffer financial losses, data loss, or harm related to Craigslist's platform or services, the company's liability is contractually capped at $100 or your prior-year payments to Craigslist, meaning users have very limited recourse for significant harms, subject to applicable law in their jurisdiction.

Is ConductAtlas affiliated with Craigslist?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Craigslist.