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 exclusion applies to any claim at law or in equity and extends to third parties, broadly limiting the categories of loss for which eBay can be held financially responsible.
Interpretive note: The excerpt uses 'including, but not limited to' for the listed loss categories, meaning the exclusion may extend to additional categories of consequential loss not enumerated; the canonical claim reflects only what is explicitly named.
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 reader cannot recover from eBay for consequential damages or losses such as lost money, goodwill, reputation, or profits, regardless of the legal theory pursued.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
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"IN NO EVENT WILL EBAY...BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CLAIM AT LAW OR IN EQUITY FOR ANY CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS...— Excerpt from eBay's eBay User Agreement
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The exclusion applies to any claim at law or in equity and extends to third parties, broadly limiting the categories of loss for which eBay can be held financially responsible.
The reader cannot recover from eBay for consequential damages or losses such as lost money, goodwill, reputation, or profits, regardless of the legal theory pursued.
ConductAtlas has identified this type of provision across 289 platforms. See the full comparison.
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