This analysis describes what Walmart'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
The exclusion of consequential and indirect damages means users cannot recover for losses beyond direct damages, even when Walmart had prior knowledge that such damages could occur.
Interpretive note: The excerpt contains ellipses that may conceal additional qualifiers, exceptions, or conditions on the liability exclusion. The canonical claim reflects only the language explicitly present.
The updated terms establish Walmart's explicit right to use any content you submit (reviews, photos, ideas) for AI training and machine learning development, with a non-exclusive, worldwide, transferable license. Simultaneously, the terms prohibit you or third parties from scraping Walmart.com data or using its materials to develop or train AI models. For Rewards Program users, the timing of Rewards debit now extends to 5 business days after fulfillment or shipment, and if insufficient Rewards are available at fulfillment time, your payment card will be charged the full order amount. Delivery guarantees are removed; Walmart disclaims liability for late delivery or inaccessible addresses and is not responsible for independent contractor performance. You can review the full updated Privacy Notice (now called 'Privacy Notice' rather than 'Privacy Policy') at the Walmart corporate website to understand how your content may be used.
View change record →Users cannot recover indirect, special, incidental, or consequential losses or damages from the Walmart Entities, regardless of whether Walmart had prior notice that such damages were possible.
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OPENAI'S AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.
"WALMART ENTITIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON...FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE...HAS BEEN ADVISED OF...SUCH DAMAGES.Excerpt from Walmart's Terms of Use
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The exclusion of consequential and indirect damages means users cannot recover for losses beyond direct damages, even when Walmart had prior knowledge that such damages could occur.
Users cannot recover indirect, special, incidental, or consequential losses or damages from the Walmart Entities, regardless of whether Walmart had prior notice that such damages were possible.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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