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The agreement caps Poshmark's total liability to any user at the greater of $100 or the fees the user paid as a seller in the six months preceding the claim, with exceptions for gross negligence, fraud, and intentional misconduct.
This analysis describes what Poshmark'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 ceiling on Poshmark's financial exposure to individual users, limiting recovery to $100 or six months of seller fees paid, whichever is greater. The clause excludes gross negligence, fraud, and intentional misconduct from this cap, and notes that limitations that cannot be excluded by applicable law are preserved.
Interpretive note: Enforceability of the liability cap may vary by jurisdiction; the clause itself acknowledges it applies only to the maximum extent permitted by applicable law.
The updated Seller Policy formalizes seller obligations regarding item descriptions, pricing, and order fulfillment. Sellers must provide accurate, complete descriptions with original photos, avoid photo editing that obscures condition, and price items realistically. The policy states that price gouging is prohibited and that once a buyer accepts a listed price, a binding transaction exists requiring the seller to provide the item at that price. The policy also establishes that policy violations may result in account restrictions up to and including termination at Poshmark's sole discretion.
View change record →The updated policy establishes new restrictions on product categories previously allowed or unregulated, including prohibitions on used socks and underwear, mystery boxes with specific disclosure requirements, and strict conditions for cosmetics and electronics. Sellers who list prohibited items may face temporary or permanent account suspension, payment withholding, and item removal at Poshmark's discretion. The policy explicitly reserves the right to dispose or destroy prohibited items sent to authentication centers. You can report suspected violations to Poshmark, but enforcement decisions remain within the company's sole discretion.
View change record →Poshmark's updated Privacy Policy provides significantly more transparent disclosure about what personal data the company collects, how it uses that data, and how you can exercise your privacy rights. The policy now explicitly itemizes data collection points, including photos, videos, payment information, social media accounts, and user interaction data, and provides a dedicated section on consumer rights and choices. The policy also includes a dedicated California Privacy Notice supplement, indicating enhanced compliance with California privacy laws. You can review the full updated policy and California Privacy Notice to understand Poshmark's specific data practices and identify which privacy rights and choices are available to you.
View change record →Under this clause, a user's potential monetary recovery from Poshmark for claims arising from the agreement or the service is limited to $100 or six months of seller fees paid, whichever is greater. Buyers who have not paid seller fees would be limited to $100 in recoverable damages from Poshmark under these terms.
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"TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE POSHMARK PARTIES TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE GREATER AMOUNT OF (1) COMMISSIONS/FEES THAT YOU HAVE PAID TO POSHMARK AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE APPLICABLE CLAIM OR (2) ONE HUNDRED U.S. DOLLARS (USD $100). THE LIMITATIONS OF THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF THE POSHMARK PARTIES OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.Excerpt from Poshmark's Privacy Policy
1. REGULATORY LANDSCAPE: Liability caps in consumer agreements are subject to scrutiny under state consumer protection statutes, including California consumer protection law and unfair business practices frameworks. The FTC Act may apply where liability caps interact with deceptive or unfair trade practices. Some jurisdictions prohibit or limit liability caps in consumer contracts, and the document acknowledges that the cap does not apply where exclusion is prohibited by law. 2. GOVERNANCE EXPOSURE: Medium. The $100 floor is low relative to the value of transactions that may occur on the platform, particularly for high-value item purchases. The carve-out for gross negligence and intentional misconduct provides a partial limitation on the cap's scope. 3. JURISDICTION FLAGS: California, the EU, and other jurisdictions may limit the enforceability of liability caps in consumer contracts. The document's acknowledgment that the cap applies only to the maximum extent permitted by law suggests Poshmark anticipates jurisdictional variation in enforceability. 4. CONTRACT AND VENDOR IMPLICATIONS: Business accounts and high-volume sellers should assess whether the $100 or six-month fee cap is adequate given the scale of their transactions on the platform. The cap applies regardless of the form of the claim, including contract and tort theories. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether this liability cap is enforceable in the primary jurisdictions where Poshmark users are located, particularly in California and the EU, and whether the cap is consistent with applicable consumer protection standards.
This provision establishes a ceiling on Poshmark's financial exposure to individual users, limiting recovery to $100 or six months of seller fees paid, whichever is greater. The clause excludes gross negligence, fraud, and intentional misconduct from this cap, and notes that limitations that cannot be excluded by applicable law are preserved.
Under this clause, a user's potential monetary recovery from Poshmark for claims arising from the agreement or the service is limited to $100 or six months of seller fees paid, whichever is greater. Buyers who have not paid seller fees would be limited to $100 in recoverable damages from Poshmark under these terms.
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