The agreement requires users to indemnify and hold eBay and its affiliates harmless from third-party claims and associated legal fees arising from the user's breach of the agreement, improper use of services, violation of law, violation of third-party rights, or use of the eBay Authenticate service.
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 places the cost of third-party claims against eBay arising from user conduct onto the user, including reasonable legal fees. The scope extends to eBay's affiliates, officers, directors, employees, and agents, and includes claims arising from law violations and third-party rights infringement.
Interpretive note: Enforceability of broad user indemnification obligations against consumers varies by jurisdiction and may be limited by unconscionability doctrine or consumer protection law in California, EU, and UK contexts.
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 indemnification provision now explicitly includes eBay Authenticate service usage as a trigger for indemnification obligations.
View full change record →Under this clause, users are financially responsible for defending eBay against third-party claims, including legal fees, when those claims arise from the user's conduct on the platform, breach of the agreement, or violation of applicable law. The indemnification obligation extends to eBay's parent companies, subsidiaries, and affiliates.
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"You will indemnify and hold us (including our parent companies, subsidiaries, affiliates, officers, directors, employees and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services, your violation of any law or the rights of a third party, or your use or activation of the eBay Authenticate service.Excerpt from eBay's User Agreement
(1) REGULATORY LANDSCAPE: Broad user indemnification clauses in consumer contracts may interact with state unconscionability doctrine and consumer protection statutes.
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This provision places the cost of third-party claims against eBay arising from user conduct onto the user, including reasonable legal fees. The scope extends to eBay's affiliates, officers, directors, employees, and agents, and includes claims arising from law violations and third-party rights infringement.
Under this clause, users are financially responsible for defending eBay against third-party claims, including legal fees, when those claims arise from the user's conduct on the platform, breach of the agreement, or violation of applicable law. The indemnification obligation extends to eBay's parent companies, subsidiaries, and affiliates.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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