You agree to defend and pay Poshmark's legal costs if a third party sues Poshmark because of something you did on the platform β including your listings, content, or violations of the Terms.
If your listing infringes a trademark, your content causes harm, or you violate platform rules that lead to litigation, you could be personally responsible for Poshmark's legal fees and damages.
The indemnification clause creates reverse liability exposure for users, which is particularly relevant for business sellers or resellers dealing in branded merchandise. Legal teams should assess whether this clause shifts IP infringement or counterfeit goods liability risk disproportionately onto the user.
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Poshmark users β especially sellers β are subject to a 20% commission fee on transactions over $15 and grant Poshmark a broad, royalty-free license to use their posted content. A mandatory arbitration clause with a class action waiver significantly limits users' ability to seek legal redress through courts, which is a material restriction on consumer rights. You can opt out of the arbitration clause by sending written notice to Poshmark within 30 days of first accepting the Terms of Service.