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The terms limit Reverb's liability to exclude indirect, incidental, special, consequential, and punitive damages, including loss of profits, revenue, data, or goodwill, arising from platform use, third-party conduct on the platform, or unauthorized access to user content.
This analysis describes what Reverb'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 limits the financial exposure Reverb faces from claims arising out of platform use, third-party conduct, and unauthorized access. The limitation applies to the maximum extent permitted by applicable law, which means it may be subject to override by mandatory consumer protection statutes in certain jurisdictions.
Interpretive note: Enforceability of the consequential damages exclusion varies by jurisdiction; EU and certain US state consumer protection laws may limit or override portions of this clause.
Under this clause, Reverb's liability for damages arising from platform use, seller or buyer misconduct, or data breaches is limited to exclude consequential and punitive damages. The enforceability of this limitation depends on applicable law in the user's jurisdiction, and mandatory consumer protection statutes in the EU and certain US states may limit its scope.
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"TO THE MAXIMUM EXTENT PERMITTED BY LAW, REVERB 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 (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.Excerpt from Reverb's Terms of Service
(1) REGULATORY LANDSCAPE: Consequential damages exclusions in consumer contracts engage state UCC provisions and consumer protection statutes that may limit the enforceability of broad liability caps against consumers. EU consumer protection law, including the Consumer Rights Directive and national implementations, may render broad liability exclusions partially or fully unenforceable against EU consumers. The 'maximum extent permitted by law' qualifier is a standard mechanism acknowledging this jurisdictional variability. (2) GOVERNANCE EXPOSURE: Medium. The liability limitation is a standard marketplace provision but creates operational exposure for sellers who experience financial losses due to platform errors, unauthorized transactions, or data breaches, as recovery under the terms may be limited to direct damages only. (3) JURISDICTION FLAGS: EU and UK consumer protection law generally prohibits exclusion of liability for damage caused by a service provider's own negligence or breach of implied terms. California and other US states have consumer protection statutes that may limit the enforceability of consequential damages exclusions in consumer contracts. (4) CONTRACT AND VENDOR IMPLICATIONS: Business sellers and commercial accounts should evaluate whether the limitation of liability is consistent with their own risk management frameworks and whether platform-level insurance or indemnification arrangements are appropriate for their volume of operations. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the liability limitation, as applied to EU/EEA users, satisfies the requirements of applicable national consumer protection law and whether any separate disclosure is required.
This provision limits the financial exposure Reverb faces from claims arising out of platform use, third-party conduct, and unauthorized access. The limitation applies to the maximum extent permitted by applicable law, which means it may be subject to override by mandatory consumer protection statutes in certain jurisdictions.
Under this clause, Reverb's liability for damages arising from platform use, seller or buyer misconduct, or data breaches is limited to exclude consequential and punitive damages. The enforceability of this limitation depends on applicable law in the user's jurisdiction, and mandatory consumer protection statutes in the EU and certain US states may limit its scope.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Reverb.