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 structures the dispute resolution mechanism available to both parties by limiting proceedings to individual arbitration, which affects how claims can be aggregated and the procedural framework governing resolution of disagreements between the user and eBay.
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 →Two separate provisions (Mandatory Arbitration Clause and Class Action Waiver) were consolidated into a single unified provision with explicit opt-out language added.
View full change record →Users who do not opt out are bound to resolve all disputes with eBay through individual arbitration rather than class action or jury trial proceedings. This provision specifies that relief—monetary, injunctive, or declaratory—may only be sought individually, not collectively.
How other platforms handle this
If, however, this Class Action Waiver is deemed invalid or unenforceable with respect to a particular Dispute...neither you nor Chegg will be entitled to arbitration of such Dispute.
the arbitration provider, National Arbitration and Mediation ("NAM"), shall not accept or administer any demand for arbitration and shall administratively close any arbitration unless the Party bringing such demand for arbitration can certify in writing that the terms...were fully satisfied.
Neither you nor we may elect arbitration of any claims seeking only individualized relief asserted by you or us in small claims court, so long as the action remains in that court and is not removed or appealed de novo...
"If you do not opt out: (1) you will only be permitted to pursue claims against us or related third parties on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis; and (3) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.Excerpt from eBay's User Agreement
Coinbase's User Agreement includes a mandatory arbitration clause that most users may not have reviewed. Here is what the clause states and how the opt-out process works.
561 arbitration provisions across 197 platforms. ConductAtlas tracks how dispute resolution is being restructured across the internet.
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This provision structures the dispute resolution mechanism available to both parties by limiting proceedings to individual arbitration, which affects how claims can be aggregated and the procedural framework governing resolution of disagreements between the user and eBay.
Users who do not opt out are bound to resolve all disputes with eBay through individual arbitration rather than class action or jury trial proceedings. This provision specifies that relief—monetary, injunctive, or declaratory—may only be sought individually, not collectively.
ConductAtlas has identified this type of provision across 205 platforms. See the full comparison.
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