eBay limits its financial responsibility to you: it will not pay for lost profits, lost data, or indirect harms even if those losses result from eBay's own actions or service failures.
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 clause means that if eBay's platform fails, you lose data, or a service disruption causes you financial harm, your ability to recover those losses from eBay through legal action is significantly constrained.
Interpretive note: Enforceability of this limitation against consumers in EU, UK, and certain US states depends on applicable mandatory consumer protection law, which may override contractual exclusions regardless of what the agreement states.
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 provision was renamed from separate Limitation of Liability to Disclaimer of Warranties and Limitation of Liability, now combining both concepts into one comprehensive disclaimer.
View full change record →If eBay's services fail and you lose money, data, or business opportunities as a result, the agreement limits eBay's financial liability — meaning you bear the risk of those losses even if eBay is at fault.
How other platforms handle this
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To the maximum extent permitted by applicable law, Pinterest 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, res...
You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"In no event shall we (including our parent, subsidiaries, affiliates, officers, directors, agents, employees, suppliers, or licensors) be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of or inability to use the Services.— Excerpt from eBay's eBay User Agreement
REGULATORY LANDSCAPE: Broad limitations of liability in consumer contracts engage EU consumer protection law, which prohibits terms that exclude or limit liability for death, personal injury, or fraud caused by the trader, and may scrutinize disproportionate exclusions of consumer remedies. UK consumer rights law similarly restricts unfair liability exclusions in standard-form consumer contracts. In the US, such clauses are generally enforceable subject to state-level consumer protection standards. GOVERNANCE EXPOSURE: Medium. Broad liability exclusions are standard in platform agreements but create regulatory exposure in EU and UK markets where consumer law limits the extent of permitted exclusions. For business users, this clause is generally enforceable but should be assessed against specific loss categories relevant to their platform dependence. JURISDICTION FLAGS: EU and UK users retain statutory consumer rights that cannot be excluded by contract, so this clause may be partially or fully unenforceable against consumers in those jurisdictions. California's consumer protection framework may also limit certain exclusions. Sellers with high-volume, high-value transaction dependencies face greater practical exposure from this limitation than occasional consumer-buyers. CONTRACT AND VENDOR IMPLICATIONS: Business sellers should assess whether the limitation of liability is consistent with the risk profile of their platform dependence and whether contractual risk transfer (through insurance or separate agreements) is appropriate. API developers and enterprise partners should evaluate this clause in conjunction with any separate API or developer agreements that may contain different liability terms. COMPLIANCE CONSIDERATIONS: Legal teams in EU and UK jurisdictions should flag this clause for review against Unfair Contract Terms regulations to determine which exclusions may be unenforceable locally. US compliance programs should note that this clause does not limit eBay's liability for fraud, intentional misconduct, or in jurisdictions where such exclusions are prohibited by statute.
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This clause means that if eBay's platform fails, you lose data, or a service disruption causes you financial harm, your ability to recover those losses from eBay through legal action is significantly constrained.
If eBay's services fail and you lose money, data, or business opportunities as a result, the agreement limits eBay's financial liability — meaning you bear the risk of those losses even if eBay is at fault.
ConductAtlas has identified this type of provision across 265 platforms. See the full comparison.
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