The agreement disclaims all express and implied warranties for eBay services and limits eBay's liability to exclude indirect, incidental, special, consequential, punitive, and exemplary damages, to the extent permitted by applicable law. The clause applies to eBay Inc. and its parent companies, subsidiaries, affiliates, officers, directors, agents, and employees.
This analysis describes what eBay'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 that eBay's maximum liability is limited and that consequential or punitive damages are excluded to the extent permitted by law. The phrase 'to the extent permitted by law' acknowledges that applicable consumer protection law in certain jurisdictions may limit or override these disclaimers.
Interpretive note: Enforceability of the disclaimer varies by jurisdiction; EU, UK, and certain US state consumer protection laws may render portions of this clause unenforceable as applied to consumers in those geographies.
The updated User Agreement incorporates additional policies and terms that were previously referenced separately, making them contractually binding conditions of service use. The agreement now explicitly states that continued use constitutes acceptance of all incorporated policies and additional terms posted on eBay's sites and applications. The updated language emphasizes that disputes are resolved through binding arbitration unless the user opts out according to section 19.B.9, and contains a waiver of class action rights. You can review which eBay entity contracts with you based on your jurisdiction (eBay Inc. for US, eBay UK Limited for UK, eBay GmbH for EU, and others listed) and locate the opt-out mechanism for arbitration in section 19.B.9 of the full agreement.
View change record →Under this clause, eBay disclaims all warranties for platform services and excludes consequential, punitive, and similar damages categories from any liability, subject to applicable law. Users in jurisdictions where consumer protection law provides warranty or liability rights that cannot be contractually waived may retain those rights notwithstanding this clause.
How other platforms handle this
To the maximum extent permitted by applicable law, Kit shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting ...
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRAMMARLY DOES NOT WARRANT THAT THE SERVICES WILL BE UN...
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REPLIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED...
Monitoring
eBay has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.
"THE SERVICES ARE PROVIDED "AS IS" AND, TO THE EXTENT PERMITTED BY LAW, "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT CONTROL, DIRECT, OR ENDORSE THE ACTIONS OR CONTENT OF ANY USERS. WE CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF OUR SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. IN NO EVENT SHALL WE (INCLUDING OUR PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES.— Excerpt from eBay's eBay User Agreement
(1) REGULATORY LANDSCAPE: Warranty disclaimers and liability limitations in consumer contracts may interact with the Magnuson-Moss Warranty Act, the FTC Act, and state consumer protection statutes including California's Consumer Legal Remedies Act and Song-Beverly Consumer Warranty Act. EU and UK consumer protection law generally prohibits blanket exclusion of implied warranties in consumer contracts, and this clause may not be enforceable in those jurisdictions as written. (2) GOVERNANCE EXPOSURE: Medium. The disclaimer language includes a savings clause referencing 'to the extent permitted by law,' which acknowledges jurisdictional limits on enforceability. However, the breadth of the disclaimer may not be fully enforceable in all user jurisdictions without further qualification. (3) JURISDICTION FLAGS: EU and UK users have statutory consumer rights that cannot be waived by contract, making the blanket disclaimer potentially inapplicable in those geographies. California's Consumers Legal Remedies Act provides additional protections that may limit the enforceability of certain disclaimer language for California residents. (4) CONTRACT AND VENDOR IMPLICATIONS: Business account holders should not rely on eBay's warranties or liability coverage for losses arising from platform outages, third-party seller conduct, or data issues, as this clause explicitly disclaims such coverage. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the disclaimer adequately reflects applicable mandatory consumer rights in EU, UK, Canadian, and other international user jurisdictions, and whether additional jurisdiction-specific disclosures are required.
Full compliance analysis
Regulatory citations, enforcement risk, and due diligence action items.
Free: track 1 platform + weekly digest. Monitor: 25 platforms + same-day alerts. No credit card required.
Compliance Governance Intelligence
Need to monitor specific governance provisions?
Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
This provision establishes that eBay's maximum liability is limited and that consequential or punitive damages are excluded to the extent permitted by law. The phrase 'to the extent permitted by law' acknowledges that applicable consumer protection law in certain jurisdictions may limit or override these disclaimers.
Under this clause, eBay disclaims all warranties for platform services and excludes consequential, punitive, and similar damages categories from any liability, subject to applicable law. Users in jurisdictions where consumer protection law provides warranty or liability rights that cannot be contractually waived may retain those rights notwithstanding this clause.
ConductAtlas has identified this type of provision across 2 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by eBay.