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Users agree to indemnify Poshmark and its affiliates for legal claims, damages, and attorney fees arising from their use of the service, content posted, breaches of the agreement, or violations of law. California residents waive Civil Code Section 1542, which otherwise limits the scope of general releases to known claims.
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 requires users to defend and indemnify Poshmark for a broad range of claims, including those arising from user content, service use, and third-party rights violations. The explicit waiver of California Civil Code Section 1542 for California residents extends the release to claims the user may not have known about at the time of agreeing to the terms.
Interpretive note: Enforceability of the California Civil Code Section 1542 waiver and the breadth of the indemnification obligation may depend on the nature of the underlying claim and applicable unconscionability standards.
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 →Users must indemnify and defend Poshmark against broad categories of claims including third-party IP infringement, shifting legal liability and defense costs to users.
View full change record →Under this clause, users bear the cost of defending Poshmark against claims arising from their use of the service, including attorney fees. For California residents, the agreement includes a waiver of a statutory protection that otherwise limits general releases to known claims, extending the indemnification to unknown claims.
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"You agree to release, indemnify, and hold harmless and, upon Poshmark's request, defend the Poshmark Parties from any legal claims, demands and damages (including reasonable attorney fees) that arise from or relate to (i) your access to or use of the Service, including any Items purchased or sold; (ii) your User Content or Feedback; (iii) your breach of the Agreement; (iv) your violation, misappropriation, or infringement of any rights of another (including someone else's privacy or intellectual property rights); or (v) your violation of applicable laws. If you are a California resident, you waive California Civil Code Section 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."Excerpt from Poshmark's Privacy Policy
1. REGULATORY LANDSCAPE: Broad indemnification clauses in consumer agreements, including waivers of statutory claim protections, are subject to review under state consumer protection law and unconscionability doctrine. The California Civil Code Section 1542 waiver is explicitly addressed in the clause and is a commonly litigated provision in California courts. California courts have in some instances found broad indemnification and release clauses in consumer contracts unenforceable under unconscionability doctrine. 2. GOVERNANCE EXPOSURE: Medium. The breadth of the indemnification obligation, which covers claims arising from user content, service use, and third-party rights violations, creates financial exposure for users who engage in high-volume transactions or post substantial content on the platform. 3. JURISDICTION FLAGS: California residents face an explicit waiver of Section 1542 protections. Users in other jurisdictions face a waiver of comparable statutes or doctrines. The enforceability of such broad indemnification and release clauses varies by jurisdiction and the nature of the underlying claim. 4. CONTRACT AND VENDOR IMPLICATIONS: Business accounts and sellers posting significant volumes of content should assess the indemnification scope, particularly as it relates to third-party intellectual property claims and user content liability. 5. COMPLIANCE CONSIDERATIONS: Legal teams reviewing this clause for B2B or high-volume commercial users should assess whether the indemnification scope and the Section 1542 waiver are consistent with the organization's risk management policies and whether additional contractual protections are warranted.
This provision requires users to defend and indemnify Poshmark for a broad range of claims, including those arising from user content, service use, and third-party rights violations. The explicit waiver of California Civil Code Section 1542 for California residents extends the release to claims the user may not have known about at the time of agreeing to the terms.
Under this clause, users bear the cost of defending Poshmark against claims arising from their use of the service, including attorney fees. For California residents, the agreement includes a waiver of a statutory protection that otherwise limits general releases to known claims, extending the indemnification to unknown claims.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Poshmark.