If StockX is sued or incurs costs because of something you did on the platform, you are responsible for covering those costs including StockX's legal fees.
This analysis describes what StockX'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 clause creates a potentially significant financial obligation for users whose conduct on the platform results in third-party claims against StockX, including for unintentional violations of the terms.
If your use of StockX, including selling a disputed item or violating a platform policy, results in StockX facing legal costs or claims, you are contractually obligated to reimburse StockX for those costs, including attorney fees, which could substantially exceed the value of your transaction.
How other platforms handle this
If you're a business user, you will defend and indemnify Google and its affiliates, officers, agents, and employees from all liabilities, damages, losses, and costs (including reasonable legal fees) arising out of or relating to: any allegation or claim that your content or your use of the services ...
You agree to defend, indemnify, and hold harmless Ancestry and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your v...
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives, as well as Partner Bank (collectively, "Indemnified Persons"), from any and all third party claims, liability, losses, d...
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"You agree to defend, indemnify, and hold harmless StockX, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.— Excerpt from StockX's StockX Terms of Use
REGULATORY LANDSCAPE: Broad user indemnification clauses in consumer contracts are subject to scrutiny under the FTC Act and applicable state consumer protection statutes. In the EU and UK, indemnification clauses that create a significant imbalance between the parties' rights and obligations may be deemed unfair under the EU Unfair Contract Terms Directive and the UK Consumer Rights Act 2015. The inclusion of attorney fees in the indemnification scope is particularly aggressive in a consumer-facing context. GOVERNANCE EXPOSURE: Medium. While mutual indemnification provisions are common in commercial contracts, one-directional user-to-platform indemnification including attorneys' fees creates an asymmetric risk profile that may be challenged as unconscionable in consumer contexts. The breadth of the clause, covering all costs arising from any use of the services, creates potential exposure for users who inadvertently violate platform policies. JURISDICTION FLAGS: EU and UK consumer law may render broad indemnification clauses unenforceable against consumers where they create a significant imbalance. California courts have in some contexts found broad indemnification clauses in consumer adhesion contracts to be unconscionable depending on the circumstances. CONTRACT AND VENDOR IMPLICATIONS: Business sellers and high-volume users should assess the scope of this indemnification obligation against their own insurance coverage and risk management frameworks, as the clause could expose them to costs well beyond the value of their platform activity. COMPLIANCE CONSIDERATIONS: Teams should assess whether this indemnification clause is appropriately tailored to the nature of consumer versus commercial users, whether it is adequately disclosed and explained in plain language, and whether jurisdiction-specific modifications are needed for EU, UK, and other consumer-protective markets.
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This clause creates a potentially significant financial obligation for users whose conduct on the platform results in third-party claims against StockX, including for unintentional violations of the terms.
If your use of StockX, including selling a disputed item or violating a platform policy, results in StockX facing legal costs or claims, you are contractually obligated to reimburse StockX for those costs, including attorney fees, which could substantially exceed the value of your transaction.
ConductAtlas has identified this type of provision across 71 platforms. See the full comparison.
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