Provision record
Poshmark · Poshmark Terms of Service · View original document ↗

Limitation of Liability

Medium severity Medium confidence Explicit document language Common · 287 of 352 platforms
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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

If you suffer a financial loss because of fraud by another user, a data breach, or a platform error, this clause significantly limits what you can recover from Poshmark.

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.

Recent Activity

This document changed recently

Medium Jul 24, 2026

The updated Seller Policy establishes explicit requirements for how sellers must describe items, price products, and fulfill orders on Poshmark. Sellers are now required to provide accurate descriptions with original photos, truthfully represent item condition, respond promptly to buyer questions, avoid excessive listing removal and reposting, and ship items immediately after a sale is confirmed. The policy states that violations may result in account restrictions or termination at Poshmark's sole discretion. Sellers should review the full policy to understand all obligations.

View change record →
Medium May 27, 2026

The updated policy establishes specific conditions that sellers must meet when listing certain product categories. For cosmetics and personal care items, the terms now require items to be new, factory-sealed, alcohol-free, and unswaped, with aerosols and nail polish subject to shipping restrictions or prohibition. For electronics, sellers must reset devices to factory settings and sign out of personal accounts. For mystery boxes, sellers must disclose key details and provide accurate value assessments. Non-compliance may result in account suspension, payment withholding, or item destruction, which Poshmark reserves the right to execute at its sole discretion. You can report suspected policy violations directly through Poshmark's platform.

View change record →
Medium Apr 19, 2026

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 →

Clause Stability Mostly Stable

2
Changes
5
Months Monitored
Apr 3, 2026
First Seen
May 22, 2026
Last Seen
This clause type exists across 4261 other provisions on other platforms.
This clause has changed 2 times in 5 months of monitoring, averaging roughly once every 2 months.

Change history

removed Jul 24, 2026

Replacement with a strict $100 cap means users lose protection against indirect damages, creating even stronger liability limitations for Poshmark.

View full change record →
modified May 27, 2026

Severity downgraded from high to medium; previous version had no excerpt provided, current version now displays full liability cap language covering indirect, consequential, and punitive damages.

View full change record →

Consumer impact (what this means for users)

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.

How other platforms handle this

ActiveCampaign Medium

If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.

Leonardo AI Medium

A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...

Netflix Medium

The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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 Terms of Service

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts are subject to scrutiny under the FTC Act as potentially unfair or deceptive terms.

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Poshmark Terms of Service
Entity
Poshmark
Document last updated
May 5, 2026
Tracking information
First tracked
April 28, 2026
Last verified
May 11, 2026
Record ID
CA-P-001655
Document ID
CA-D-00333
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
2cc924fa513a0bd8e9feec282ca6e11d838f46832da0f5416673dd4f3402c29f
Analysis generated
April 28, 2026 05:44 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Poshmark
Document: Poshmark Terms of Service
Record ID: CA-P-001655
Captured: 2026-04-28 05:44:31 UTC
SHA-256: 2cc924fa513a0bd8…
URL: https://conductatlas.com/platform/poshmark/poshmark-terms-of-service/provision/CA-P-001655/limitation-of-liability/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Poshmark's Limitation of Liability clause do?

If you suffer a financial loss because of fraud by another user, a data breach, or a platform error, this clause significantly limits what you can recover from Poshmark.

How does this clause affect you?

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.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.

Is ConductAtlas affiliated with Poshmark?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Poshmark.