The terms cap Target's total liability for any claim at the greater of amounts paid by the user to Target in the preceding 12 months or $100, and exclude indirect, special, incidental, punitive, exemplary, and consequential damages entirely.
This analysis describes what Target'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 establishes a monetary ceiling on recoverable damages in disputes with Target, limiting aggregate liability to $100 for users who have made no purchases or minimal purchases in the prior year. The exclusion of consequential and indirect damages further constrains the categories of loss users may seek to recover.
Interpretive note: Enforceability of the $100 liability cap may vary by jurisdiction and is subject to unconscionability analysis; applicable law in certain states or under EU consumer law may limit or override this cap.
California customers using Target's same-day delivery service will now pay a CA Shipt Shopper Benefit Fee in addition to standard delivery costs, according to the updated terms. The terms do not specify the fee amount, structure, or whether it applies to all same-day orders or only certain product categories. Consumers in California should review their receipt or account details to understand the exact fee amount and whether it was previously being charged but undisclosed, or if this represents a new charge.
View change record →Target removed specific language that explained how Target Circle Bonus rewards are earned, calculated, and reflected in customer accounts across different purchase methods (online, in-store, Same Day Delivery, Order Pickup, Drive Up). Previously, the terms clarified that online orders counted as one transaction unless they included Target Plus items or used Same Day Delivery, and specified timing for when bonuses would appear (24 hours for in-store, upon shipment/pickup/delivery for online). Without this clarity, customers must now rely on in-app displays or support channels to understand exactly how their purchases contribute to bonus eligibility, which may create confusion about reward calculation or disputes over earned benefits.
View change record →Target's updated Terms and Conditions now include explicit governance for its Target Circle loyalty program and Target Circle 360 membership. The updated terms establish that membership is voluntary and that by joining or continuing to use the program, members agree to Target Circle-specific terms and the Privacy Policy in effect at that time. The terms authorize Target to update the Target Circle Terms, the Target App, or the website at any time without advance notice, with continued program participation constituting acceptance of those updates. You can choose not to join Target Circle or can stop participating in the program to avoid binding yourself to these updated terms.
View change record →Under this clause, the maximum amount a user may recover from Target for any claim is the greater of their prior 12-month spend with Target or $100, regardless of the actual harm alleged. Consequential, incidental, punitive, and exemplary damages are excluded from any potential recovery.
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"In no event will Target, its officers, directors, employees, agents, or suppliers be liable for any indirect, special, incidental, punitive, exemplary or consequential damages arising out of or in any way connected with these Terms or the use of or inability to use the Target Services. Target's aggregate liability for any claims under these Terms will not exceed the greater of (a) the amount you paid to Target in the 12 months preceding the claim or (b) $100.— Excerpt from Target's Target Terms and Conditions
(1) REGULATORY LANDSCAPE: Limitation of liability clauses in consumer contracts may be subject to scrutiny under state consumer protection statutes and unconscionability doctrines, particularly where the cap is disproportionate to potential consumer harm. California's Consumer Legal Remedies Act and similar statutes in other jurisdictions may limit the enforceability of such caps in consumer contexts. The FTC Act's prohibition on unfair or deceptive acts may be implicated if the cap is applied to claims arising from deceptive practices. (2) GOVERNANCE EXPOSURE: Medium. The $100 floor creates a very low minimum liability exposure for Target in cases where users have made no recent purchases. Courts in consumer-protective jurisdictions have in some instances declined to enforce liability caps in adhesion contracts where they are found to be unconscionable. (3) JURISDICTION FLAGS: California, New York, and Illinois present heightened exposure for enforceability challenges to $100 liability caps in mass-market consumer contracts. EU consumer law generally does not permit the exclusion of liability for material harm caused to consumers, which may render this provision unenforceable against EU users. (4) CONTRACT AND VENDOR IMPLICATIONS: For business or marketplace participants transacting with Target, this liability cap may not reflect negotiated commercial terms and should be reviewed against any separately executed commercial agreements. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the liability cap is presented with sufficient prominence to satisfy mutual assent requirements, and should monitor jurisdictional developments regarding the enforceability of nominal liability caps in consumer adhesion contracts.
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This provision establishes a monetary ceiling on recoverable damages in disputes with Target, limiting aggregate liability to $100 for users who have made no purchases or minimal purchases in the prior year. The exclusion of consequential and indirect damages further constrains the categories of loss users may seek to recover.
Under this clause, the maximum amount a user may recover from Target for any claim is the greater of their prior 12-month spend with Target or $100, regardless of the actual harm alleged. Consequential, incidental, punitive, and exemplary damages are excluded from any potential recovery.
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