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 updated terms establish mandatory arbitration for all disputes unless users opt out in accordance with section 19.B.9. Under the revised agreement, users waive the right to pursue claims in court or before a jury, and may only pursue claims on an individual basis, not as part of a class action. The agreement also expands eBay's authority to limit, suspend, or terminate accounts in its sole discretion if it believes users are violating the terms or abusing the platform. You can opt out of arbitration by following the procedure described in section 19.B.9.
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OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
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"TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.Excerpt from eBay's User Agreement
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The clause states: “TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.”
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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