Poshmark limits its financial responsibility for losses you experience on the platform, including losses caused by other users, unauthorized access to your account, or service outages.
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
The clause narrows the categories of damages for which Poshmark bears financial responsibility in dispute resolution, limiting exposure to indirect and consequential harm while preserving liability for direct damages within applicable law.
Interpretive note: Enforceability of the liability limitation varies by jurisdiction and may be constrained by applicable consumer protection law, particularly for EU, UK, and California users.
Poshmark's Terms of Service underwent a substantial update on April 19, 2026, with 249 new sentences and 3 modified sentences. The specific operational changes created by these additions cannot be determined from the detection summary alone. All users should review the updated terms at Poshmark's website to identify any new policies, requirements, restrictions, or disclosures that affect their use of the platform.
View change record →Poshmark's updated Privacy Policy provides substantially more transparency about the personal data it collects (including name, address, payment details, and content you create), how it uses and shares that information, and the legal bases for processing. The policy now explicitly covers data collected across websites, mobile apps, and other platforms, and identifies collection points including account registration, purchases, listings, stories, and interactions with other users. California residents are directed to a separate supplemental privacy notice. While this change increases clarity about data practices rather than restricting new data collection, reviewing the specific uses and sharing practices described in the full policy can help you understand what data Poshmark retains and how it may be used.
View change record →This provision caps Poshmark's financial exposure for a wide range of consumer harms, including losses from third-party fraud, data breaches, and service failures, which may leave users with limited recourse if significant losses occur.
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In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
IN NO EVENT WILL DEEPSEEK OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF DEEPSEEK OR ITS AFFILIATES HAVE ...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERPLEXITY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS O...
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POSHMARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY CONTENT OBTAINED FROM THE SERVICES; AND (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.— Excerpt from Poshmark's Poshmark Terms of Service
REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts are subject to scrutiny under the FTC Act as potentially unfair or deceptive terms. In the EU and UK, consumer protection directives and the Consumer Rights Act generally prohibit clauses that exclude liability for death, personal injury, or fraud caused by the company's negligence, and may limit the enforceability of broader liability caps in consumer-facing agreements. GOVERNANCE EXPOSURE: Medium. Blanket limitation of liability clauses are common across platform terms of service and are generally enforceable in commercial contexts, but their enforceability against consumers varies by jurisdiction. The provision's application to unauthorized access and third-party conduct may face heightened scrutiny in states with strong consumer protection frameworks. JURISDICTION FLAGS: California's Consumer Legal Remedies Act may limit the enforceability of liability exclusions for consumer transactions. EU and UK consumers likely cannot be bound by terms that exclude statutory rights or remedies under applicable consumer protection law. Illinois, New York, and Massachusetts also have consumer protection regimes that may constrain the operation of this clause. CONTRACT AND VENDOR IMPLICATIONS: Institutional sellers or B2B partners should note that the limitation of liability applies to their use of the platform as well and should assess whether this aligns with their risk tolerance and existing vendor contracts. The clause does not specify a maximum dollar cap, relying instead on a category-based exclusion of consequential damages. COMPLIANCE CONSIDERATIONS: Legal teams advising clients who use Poshmark for business purposes should evaluate whether the limitation of liability clause, combined with the arbitration provision, effectively eliminates practical legal remedies for significant platform-related losses. Compliance teams should also assess data breach response obligations in the context of this clause's exclusion of unauthorized access losses.
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The clause narrows the categories of damages for which Poshmark bears financial responsibility in dispute resolution, limiting exposure to indirect and consequential harm while preserving liability for direct damages within applicable law.
This provision caps Poshmark's financial exposure for a wide range of consumer harms, including losses from third-party fraud, data breaches, and service failures, which may leave users with limited recourse if significant losses occur.
ConductAtlas has identified this type of provision across 227 platforms. See the full comparison.
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