You agree to cover eBay's legal costs and losses if a third party sues eBay because of something you did on the platform.
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
The indemnification obligation establishes a cost-shifting mechanism whereby users assume financial responsibility for defending eBay and its personnel against third-party legal claims connected to the user's conduct or breach, regardless of eBay's own actions or liability exposure.
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 →The indemnification provision now explicitly includes eBay Authenticate service usage as a trigger for indemnification obligations.
View full change record →This provision creates a significant personal financial risk for users, particularly sellers, who could face demands to pay eBay's legal costs in the event of third-party claims arising from their use of the platform.
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Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...
You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
These indemnity obligations shall survive any expiration or termination of your relationship with Chegg.
"You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.Excerpt from eBay's User Agreement
Broad indemnification clauses requiring users to cover platform legal costs implicate consumer protection laws in multiple jurisdictions.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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The indemnification obligation establishes a cost-shifting mechanism whereby users assume financial responsibility for defending eBay and its personnel against third-party legal claims connected to the user's conduct or breach, regardless of eBay's own actions or liability exposure.
This provision creates a significant personal financial risk for users, particularly sellers, who could face demands to pay eBay's legal costs in the event of third-party claims arising from their use of the platform.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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