Walmart · Walmart Terms of Use

User Indemnification Obligation

Medium severity
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What it is

If your use of Walmart.com causes Walmart to face a lawsuit or other costs, you have to pay for Walmart's legal fees and any losses — even if the problem was caused by someone else who accessed your account.

Consumer impact (what this means for users)

If someone else uses your Walmart account — even without your knowledge — and causes harm that results in litigation, you could be held financially responsible for Walmart's attorneys' fees and damages, creating unexpected financial risk for consumers.

Cross-platform context

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Why it matters (compliance & risk perspective)

This clause could expose you to significant financial liability for Walmart's legal costs in situations far beyond what a typical consumer would expect, including actions taken by others using your account.

View original clause language
You agree to indemnify, defend and hold harmless Walmart, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your account.

Institutional analysis (Compliance & legal intelligence)

REGULATORY FRAMEWORK: Consumer indemnification clauses are evaluated under FTC Act Section 5 for unfairness and under state unconscionability doctrines (Restatement (Second) of Contracts §208). California Civil Code §1668 voids contracts that exempt parties from responsibility for their own fraud or willful injury, which may limit the scope of this clause. The clause's extension to third-party access adds complexity under state identity theft and unauthorized access statutes.

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Applicable agencies

  • FTC
    Overly broad consumer indemnification clauses may constitute an unfair practice under FTC Act Section 5 if they expose consumers to disproportionate financial liability in adhesion contracts.
    File a complaint →

Provision details

Document information
Document
Walmart Terms of Use
Entity
Walmart
Document last updated
April 29, 2026
Tracking information
First tracked
April 18, 2026
Last verified
April 27, 2026
Record ID
CA-P-003606
Document ID
CA-D-00257
Evidence Provenance
Source URL
Wayback Machine
SHA-256
3d267fc01c15bf6620be0d82549bf0b87e06d63dcd7cd74ff57a2106bcc0a5ec
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Walmart | Document: Walmart Terms of Use | Record: CA-P-003606
Captured: 2026-04-18 11:29:46 UTC | SHA-256: 3d267fc01c15bf66…
URL: https://conductatlas.com/platform/walmart/walmart-terms-of-use/user-indemnification-obligation/
Accessed: May 2, 2026
Classification
Severity
Medium
Categories

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