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LinkedIn limits its total financial liability to users to the greater of fees paid or US $1,000, and excludes liability for lost profits, lost business opportunities, reputational harm, data loss, and indirect, consequential, special, or punitive damages to the fullest extent permitted by applicable law.
This analysis describes what LinkedIn'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 monetary ceiling and category exclusions on LinkedIn's liability to individual users. The document notes that these limitations do not apply to liability for death, personal injury, fraud, gross negligence, or intentional misconduct, and that a material obligation breach may create liability for directly caused and foreseeable damages.
Interpretive note: Enforceability of the liability cap and damage exclusions varies by jurisdiction; mandatory consumer protection law in the EU and certain US states may limit the practical scope of these exclusions.
Under this clause, any financial recovery a user may pursue against LinkedIn in connection with the agreement is capped at the greater of fees paid to LinkedIn or US $1,000. Categories of harm including reputational damage, data loss, and lost business opportunities are excluded from recoverable damages to the extent permitted by applicable law, which may vary by jurisdiction.
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"TO THE FULLEST EXTENT PERMITTED BY LAW (AND UNLESS LINKEDIN HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), LINKEDIN AND ITS AFFILIATES, WILL NOT BE LIABLE IN CONNECTION WITH THIS CONTRACT FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (E.G., DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT) OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES. LINKEDIN AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO LINKEDIN FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $1000.Excerpt from LinkedIn's User Agreement
(1) REGULATORY LANDSCAPE: In EU and EEA jurisdictions, consumer protection directives and national implementing legislation may constrain the enforceability of blanket liability exclusions in standard-form consumer contracts. GDPR Article 82 provides data subjects with a right to compensation for material and non-material damage resulting from GDPR infringements, which may operate independently of contractual liability caps. The FTC Act is relevant where liability exclusions constitute unfair or deceptive terms under US federal consumer protection standards. (2) GOVERNANCE EXPOSURE: Medium. The US $1,000 cap is a low absolute ceiling for enterprise or professional users who may suffer material business harm from platform conduct. The exclusion of reputational harm is operationally significant given LinkedIn's role as a professional identity platform. The carve-outs for gross negligence, intentional misconduct, and material obligation breach partially limit the provision's scope. (3) JURISDICTION FLAGS: EU and EEA users may have mandatory consumer protection rights that limit the enforceability of these exclusions under local law, and the agreement acknowledges this by qualifying the exclusions to the fullest extent permitted by applicable law. California's consumer protection statutes may also constrain certain exclusions for California residents. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers relying on LinkedIn for recruiting, sales, or learning infrastructure should note that the contractual liability cap of US $1,000 or fees paid does not scale with the value of business operations dependent on the platform. Separate written agreements, as referenced in the clause, may provide different liability terms for enterprise products. (5) COMPLIANCE CONSIDERATIONS: Legal teams advising enterprise users should evaluate whether LinkedIn's enterprise product agreements (such as LinkedIn Talent Solutions or LinkedIn Learning contracts) include separate liability provisions that supersede this User Agreement cap, as the clause explicitly contemplates such overrides.
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This provision establishes a monetary ceiling and category exclusions on LinkedIn's liability to individual users. The document notes that these limitations do not apply to liability for death, personal injury, fraud, gross negligence, or intentional misconduct, and that a material obligation breach may create liability for directly caused and foreseeable damages.
Under this clause, any financial recovery a user may pursue against LinkedIn in connection with the agreement is capped at the greater of fees paid to LinkedIn or US $1,000. Categories of harm including reputational damage, data loss, and lost business opportunities are excluded from recoverable damages to the extent permitted by applicable law, which may vary by jurisdiction.
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