The agreement states that Experian will not be liable for any damages of any kind, including direct, indirect, special, or consequential damages, arising from use of or inability to use experian.com or any linked site, covering lost profits, business interruption, and data loss even where Experian has been advised of the possibility of such damages. The document acknowledges that some jurisdictions do not permit this level of exclusion.
This analysis describes what Experian'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 a categorical exclusion of all damage categories, including those arising from negligence or tortious action, which represents the broadest possible liability shield available under contract law. Enforceability of this clause in consumer contexts varies by jurisdiction, and the document's own acknowledgment of jurisdictional limits signals that the exclusion may not apply uniformly across Experian's user base.
Interpretive note: Enforceability of this clause in consumer contexts varies by jurisdiction, and the document itself acknowledges that some jurisdictions do not permit such exclusions.
Under this clause, Experian asserts it bears no financial liability for damages consumers may experience from relying on or being unable to access information or services on experian.com, including data loss and economic losses. The agreement itself notes that some jurisdictions do not permit full exclusion of these warranties and damages, meaning the practical effect of this clause depends on applicable local law.
Cross-platform context
See how other platforms handle Comprehensive Liability Exclusion and similar clauses.
Compare across platforms →"IN NO EVENT WILL EXPERIAN BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THIS WEB SITE, OR ANY LINKED WEB SITE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER ECONOMIC LOSSES, LOSS OF PROGRAMS OR OTHER DATA, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF EXPERIAN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR DAMAGES.Excerpt from Experian's Terms of Use
1) REGULATORY LANDSCAPE: This provision implicates FTC Act authority over unfair or deceptive practices in consumer-facing digital agreements, particularly regarding the breadth of the liability exclusion relative to consumer expectations.
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This provision establishes a categorical exclusion of all damage categories, including those arising from negligence or tortious action, which represents the broadest possible liability shield available under contract law. Enforceability of this clause in consumer contexts varies by jurisdiction, and the document's own acknowledgment of jurisdictional limits signals that the exclusion may not apply uniformly across Experian's user base.
Under this clause, Experian asserts it bears no financial liability for damages consumers may experience from relying on or being unable to access information or services on experian.com, including data loss and economic losses. The agreement itself notes that some jurisdictions do not permit full exclusion of these warranties and damages, meaning the practical effect of this clause depends on …
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