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This analysis describes what Gumroad'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
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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...
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"THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A GUMROAD PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GUMROAD PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GUMROAD PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.Excerpt from Gumroad's Terms of Service
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
The clause states: “THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A GUMROAD PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A GUMROAD PARTY'S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A GUMROAD PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.”
ConductAtlas has identified this type of provision across 291 platforms. See the full comparison.
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