This analysis describes what OpenAI'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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WITH RESPECT TO RESIDENTS OF NEW JERSEY, TARGET OR ITS EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES...UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF TARGET'S NEGLIGENT, FRAUDULENT OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.
"We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.Excerpt from OpenAI's EU Terms of Use
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The clause states: “We do not exclude or limit our liability to you in any way where it would be unlawful for us to do so. You still have the full protections of the laws applicable to you.”
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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