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.
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"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 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 …
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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 287 platforms. See the full comparison.
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