User Agreement
On this page
For users who agreed to a prior version of our User
Agreement, this agreement is effective as of February 20, 2026. For users who
had not previously agreed to the User Agreement, this agreement is effective
upon acceptance. The previous amendment to this User Agreement was
effective for all users on August 28, 2025.
1. Introduction
This User Agreement, the Mobile Application Terms of Use, and all policies and
additional terms posted on and in our sites, applications, tools, and services
(collectively "Services") set out the terms on which eBay offers you
access to and use of our Services. See an overview of our policies. The Mobile Application Terms
of Use, all policies, and additional terms posted on and in our Services are
incorporated into this User Agreement. You agree to comply with all terms of
this User Agreement when accessing or using our Services.
The entity you are contracting with is: eBay Inc., 2025
Hamilton Ave., San Jose, CA 95125, if you reside in the United States; eBay
(UK) Limited, 1 More London Place, London, SE1 2AF, United Kingdom, if you
reside in the United Kingdom; eBay GmbH, Albert-Einstein-Ring 2-6, 14532
Kleinmachnow, Germany, if you reside in the European Union; eBay Canada
Limited, 240 Richmond Street West, 2nd Floor Suite 02-100, Toronto, ON, M5V
1V6, Canada, if you reside in Canada; eBay Singapore Services Private Limited,
1 Raffles Quay, #18- 00, Singapore 048583, if you reside in India; and eBay
Marketplaces GmbH, Helvetiastrasse 15/17, CH-3005, Bern, Switzerland, if you
reside in any other country. In this User Agreement, these entities are
individually and collectively referred to as "eBay," "we," or "us."
If you reside in India and you register for our Services,
you further agree to the eBay.in User Agreement.
Read this User Agreement carefully as it contains provisions that govern
how claims you and we have against each other are resolved (see
"Disclaimer of Warranties; Limitation of Liability" and "Legal
Disputes" provisions below). It also contains an Agreement to Arbitrate
which will, with limited exception, require you to submit claims you have
against us or related third parties to binding and final arbitration, unless
you opt out of the Agreement to Arbitrate in accordance with section 19.B.9
(see Legal Disputes, Section B ("Agreement
to Arbitrate")). If you do not opt out: (1) you will only be permitted to
pursue claims against us or related third parties on an individual basis, not
as a plaintiff or class member in any class or representative action or proceeding;
(2) you will only be permitted to seek relief (including monetary, injunctive,
and declaratory relief) on an individual basis; and (3) you are waiving your
right to pursue disputes or claims and seek relief in a court of law and to
have a jury trial.
2. About eBay
eBay is a marketplace that allows users to offer, sell, and
buy goods and services in various geographic locations using a variety of
pricing formats. eBay is not a party to contracts for sale between third-party
sellers and buyers, nor is eBay a traditional auctioneer.
Any guidance eBay provides as part of our Services, such as
pricing, shipping, listing, and sourcing is solely informational and you may
decide to follow it or not. We may use artificial intelligence or AI-powered
tools and products to provide and improve our Services, to offer you a
customized and personalized experience, to provide you with enhanced customer
service, and to support fraud detection; availability and accuracy of these
tools are not guaranteed. We may help facilitate the resolution of disputes
between buyers and sellers through various programs. Unless otherwise expressly
provided, eBay has no control over and does not guarantee: the existence,
quality, safety, or legality of items advertised; the truth or accuracy of
users' content or listings; the ability of sellers to sell items; the ability
of buyers to pay for items; or that a buyer or seller will actually complete a
transaction or return an item.
3. Using eBay
In connection with using or accessing our Services you
agree to comply with this User Agreement, our policies, our terms, and all
applicable laws, rules, and regulations, and you will not:
· breach or circumvent any
laws, regulations, third-party rights or our systems, Services, policies, or
determinations of your account status;
· use our Services if you
are not able to form legally binding contracts (for example, if you are under
18 years old), or are temporarily or indefinitely suspended from using our
Services, or are a person with whom transactions are prohibited under economic
or trade sanctions;
· fail to pay for items
purchased by you, unless you have a valid reason as set out in an eBay policy,
for example, where the seller has materially changed the item's description
after you bid (see our Unpaid item policy);
· fail to deliver items
sold by you, unless you have a valid reason as set out in an eBay policy;
· manipulate the price of
any item or interfere with any other user's listings;
· fail to complete
delivery, clear ownership, and/or complete any other documentation associated
with the sale or purchase of any vehicle;
· take any action that may
undermine the feedback or ratings systems (our Feedback policies);
· transfer your eBay
account (including feedback) and user ID to another party without our consent;
· share your log in
credentials with any third parties. If you require that authorized third
parties (employees, agents, etc.) have access to your account we offer a Multi-User Account Access program
for that purpose;
· create listings or
provide us with content in inappropriate categories or areas of our sites;
· engage in gambling;
· provide us with content
that is false, inaccurate, misleading, deceptive, defamatory, libelous,
illegal, inappropriate, harmful, or violates and/or infringes the rights of
others;
· distribute or post spam,
unsolicited or bulk electronic communications, chain letters, or pyramid
schemes;
· distribute viruses or
any other technologies that may harm eBay or the interests or property of
users;
· use any robot, spider,
scraper, data mining tools, data gathering and extraction tools, or other
automated means (including, without limitation buy-for-me agents, LLM-driven
bots, or any end-to-end flow that attempts to place orders without human
review) to access our Services for any purpose, except with the prior express
permission of eBay;
· circumvent any technical
measures used to provide our Services;
· interfere with the
functioning of our Services, such as by imposing an unreasonable or
disproportionately large load on our infrastructure;
· export or re-export any
eBay application or tool, except in compliance with the export control laws,
and rules and policies of any relevant jurisdictions;
· infringe the copyright,
trademark, patent, publicity, moral, database, and/or other intellectual
property rights (collectively, "Intellectual Property Rights") that
belong to or are licensed to eBay. Some, but not all, actions that may constitute
infringement are reproducing, performing, displaying, distributing, copying,
reverse engineering, decompiling, disassembling, or preparing derivative works
from content that belongs to eBay or someone else;
· infringe any
Intellectual Property Rights that belong to third parties affected by your use
of our Services or post content that does not belong to you;
· commercialize any eBay
application or any information, data, or software associated with such
application, except with the prior express permission of eBay; or
· harvest or otherwise
collect or use information about users without their consent.
Sellers must meet eBay's minimum performance standards. Failure to meet these
standards may result in eBay charging sellers additional fees, and/or limiting,
restricting, suspending, or downgrading your seller account.
If we believe you are violating this User Agreement or any
of our policies, or abusing eBay and/or our Services in any way, we may, in our
sole discretion and without limiting other remedies, limit, suspend, or
terminate your user account(s) and access to our Services, delay or remove
hosted content, remove any special status associated with your account(s),
remove, not display, and/or demote listings, reduce or eliminate any discounts,
and take technical and/or legal steps to prevent you from using our Services. We
may offer a process allowing users to report claimed violations for us to
consider and handle through one or more of these options, all in our sole
discretion.
If we believe you are violating our policies
prohibiting Offers to buy or sell outside of eBay, you may be
subject to a range of actions, including limits on your buying and selling
privileges, restrictions on listings and account features, suspension of your
account, application of fees, and recovery of expenses for policy monitoring
and enforcement. Also, as provided below in the Fees and Taxes section, if we
believe you are violating our policy on buying or selling outside of eBay, you may be charged
final value fees.
We may cancel unconfirmed accounts or accounts that have
been inactive for a substantial period of time. Additionally, we reserve the
right to refuse, modify, or terminate all or part of our Services to anyone for
any reason at our discretion.
4. Vehicle Purchases & Sales
As it relates to vehicle listings, the online purchase and
sale of vehicles is powered by and made possible by the services of Caramel
Dealer Services, LLC. As such, when you purchase or sell a vehicle listed on
eBay sites and the buyer elects title and registration services, you are
contracting with Caramel Dealer Services, LLC d/b/a CDS Auto Sales
("Caramel"). Caramel is an eBay affiliate that holds state licenses
as a used vehicle dealer in Arizona, California, Florida, Texas, and Washington.
Caramel's Terms of Use, Privacy Policy, and additional policies and terms
posted on and in its sites, applications, tools, and services set forth the
terms under which you may access and use Caramel Services.
eBay is not a vehicle broker, vehicle dealer, or an agent
acting on behalf of vehicle brokers, dealers, buyers or sellers. eBay does not
maintain an inventory of vehicles for sale and does not sell, exchange, buy,
offer for sale, negotiate or attempt to negotiate sales or exchanges of an
interest in any vehicle listed on eBay sites. eBay has never: (1) held title
for any vehicle listed on eBay sites; (2) inspected any vehicle listed on eBay
sites; (3) set or negotiated prices for any vehicle listed on eBay sites; (4)
had any vehicle listed on eBay sites in its possession; (5) shipped,
distributed, or delivered any vehicle listed on eBay sites; or (6) sold a
vehicle listed on eBay sites by consignment.
IN ADDITION TO, AND WITHOUT LIMITING THE GENERALITY OF THE
DISCLAIMERS OF WARRANTIES DETAILED IN SECTION 16, YOU AGREE THAT: (A) EBAY DOES
NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR
STATEMENTS AS TO THE VEHICLE’S VALUE, CONDITION, SAFETY, CAPABILITY, FITNESS,
OR MERCHANTABILITY, (B) NO INFORMATION OBTAINED ON EBAY SITES WILL CREATE ANY
WARRANTY, EXPRESS OR IMPLIED, (C) YOU HAVE NOT AND WILL NOT RELY UPON ANY
REPRESENTATION AS TO THE VEHICLE’S VALUE, CONDITION, SAFETY, CAPABILITY,
FITNESS, OR MERCHANTABILITY, AS COMING FROM EBAY, AND (D) EBAY MAKES NO
WARRANTY CONCERNING ANY VEHICLE’S TITLE. EBAY DISCLAIMS ALL VEHICLE-RELATED
REPRESENTATIONS, GUARANTEES, AND WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE
BY LAW.
You agree that any reliance on vehicle information on eBay
sites is at your own risk. Any discrepancies or mistakes made regarding vehicle
availability, quality, safety, condition, pricing, financing, insurance and the
like are not the fault or responsibility of eBay. Neither the accuracy of
vehicle information provided on eBay.com, nor the availability, quality, or
safety of vehicles is guaranteed by eBay. Furthermore, neither the financing of
or insurance relevant to vehicles is controlled or guaranteed by eBay.
The purchase of a vehicle encompasses multiple disciplines
and eBay is not an expert on matters such as vehicle market valuation, laws
relating to vehicles, taxes relating to vehicles, vehicle financing, vehicle
registration, vehicle insurance, vehicle condition safety, and inspections, or
vehicle mechanical fitness and engineering, eBay hereby cautions you, and you
understand and acknowledge, that you should seek professional expert assistance
and advice in these and other areas of professional expertise as appropriate.
5. Policy Enforcement
When a buyer or seller issue arises, we may consider the
user's performance history and the specific circumstances in applying our
policies. We may choose to be more lenient with policy enforcement in an effort
to do the right thing for both buyers and sellers. The foregoing does not limit
or impair our right to refuse, modify, or terminate all or part of our Services
to anyone, or to terminate this agreement with anyone, for any reason at our
discretion.
6. Fees and Taxes
We charge sellers for the use of our Services. In some
cases, where buyers receive supplemental Services such as authentication or
storage Services for items in certain categories, we may also charge those
buyers for such supplemental Services.
The fees we charge sellers for using our Services to sell
goods and services are listed on our Selling fees pages. We may change our selling fees from
time to time by posting the changes on the eBay site fourteen (14) days in
advance, but with no advance notice required for temporary promotions or any
changes that result in the reduction of fees.
If you are a seller, you are liable for fees arising out of
all sales made using some or all of our Services, even if sales terms are
finalized or payment is made outside of eBay. In particular, if you offer or
reference your contact information or ask a buyer for their contact information
in the context of buying or selling outside of eBay, you may be liable to
pay a final value fee applicable to that item, even if the
item doesn't sell, given your usage of our Services for the introduction to a
buyer.
You as a seller must have a payment method on file when
using our selling Services and pay all fees and applicable taxes associated
with your use of our Services by the payment due date. If your payment method
fails or your account is past due, we may place restrictions on your account,
or the eBay Payments Entities (as defined below) may collect amounts owed in
the manner described in the Payments Terms of Use, and late fees will apply. eBay, or the collection agencies
we retain, may also report information about your account to credit bureaus,
and as a result, late payments, missed payments, or other defaults on your
account may be reflected in your credit report. If you wish to dispute the
information eBay reported to a credit bureau (i.e., Experian, Equifax, or
TransUnion) please contact us at eBay Inc., c/o Global Collections, 7700 West
Parmer Lane, Building D, Austin, TX 78729. If you wish to dispute the
information a collection agency reported to a credit bureau regarding your eBay
account, you must contact the collection agency directly.
7. Listing Conditions
When listing an item for sale on our Services, you agree to
comply with eBay's Listing policies and Selling practices policy and also agree that:
· You assume full
responsibility for the item offered and the accuracy and content of the
listing, including listing content created using tools offered by eBay or
third parties such as translation, image editing, and generative artificial
intelligence tools;
· Your listing may not be
immediately searchable by keyword or category for several hours (or up to 24
hours in some circumstances). eBay can't guarantee exact listing duration;
· Your fixed-price
listings may renew automatically every calendar month, based on the listing
terms at the time, until all quantities sell or the listing is ended by you or
eBay, in its sole discretion;
· The content you provide
complies with all of our listing policies, including the Images, videos and text policy;
· Content that violates
any of eBay's policies may be modified, obfuscated, or deleted at eBay's sole
discretion;
· We may revise listings
to supplement, remove, or correct information;
· We strive to create a
marketplace where buyers find what they are looking for. Therefore, the
appearance or placement of listings in search and browse results will depend on
a variety of factors, including, but not limited to:
· buyer's location, search
query, browsing site, and history;
· item's location, listing
format, price and shipping cost, terms of service, end time, history, and
relevance to the user query;
· seller's history,
including listing practices, Detailed Seller Ratings, eBay policy compliance,
feedback, and defect rate; and
· number of listings
matching the buyer's query.
· To drive a positive user
experience, a listing may not appear in some search and browse results
regardless of the sort order chosen by the buyer;
· Some advanced listing
upgrades will only be visible on some of our Services;
· eBay's Duplicate listings policy may also affect whether
your listing appears in search results;
· Metatags and URL links
that are included in a listing may be removed or altered;
· We may provide you with
optional information to consider when creating your listings. Such information
may be based on the aggregated sales and performance history of similar sold
and/or current listings; results may vary for individual listings;
· You agree that we may
display the sales and performance history of your individual listings (and
their associated campaigns) to others;
· For items listed in
certain categories, subject to certain programs, and/or offered or sold at
certain price points, eBay may require the use of certain payment methods,
subject to our Payments methods policy. For example, for inventory
covered by authentication or storage services, buyer and sellers may be subject
to escrow and/or payment handling requirements;
· You will not sell and
will promptly remove all listings for any product recalled by a manufacturer or
governmental agency if the sale of the product is prohibited by law or
regulation or if the product poses a health or safety hazard as specified by
any governmental agency. eBay has no responsibility or liability for the safety
or performance of any product that you list or sell using our Services,
including any product that is subject to a recall. You are solely responsible
for any non-conformity or defect in, or compliance with any public or private
recall of, any product you list or sell using our Services;
· eBay may publish and
promote your listings, including related content such as username, product
reviews and feedback, in any format and through any channel, including across
any eBay Services, our partners, or third-party property or advertising medium; and
· Selling fees do not
purchase exclusive rights to item exposure on our Services. We may display
third-party advertisements (including links and references thereto) or other
content in any part of our Services, including listings, in our sole discretion
and without consent from, or payment, fee reduction, or other credit to,
sellers.
8. Purchase Conditions
When buying an item using our Services, you agree to
the Rules and policies for buyers and that:
· You are responsible for
reading the full item listing before making a bid or offer, buying, or
committing to buy;
· You enter into a legally
binding contract to purchase an item when you buy the item, commit to buy the
item, your offer for the item is accepted, you have the winning bid for the
item, or your bid for the item is otherwise accepted, regardless of when payment
is due or received unless the transaction terms state that you are required to
pay for the item before a binding contract is formed;
· For motor vehicles and
real estate, a bid or offer initiates a non-binding transaction representing a
buyer's serious expression of interest in buying the seller's item and does not
create a formal contract between the buyer and the seller;
· We do not transfer legal
ownership of items from the seller to you;
· Utah Code Annotated §
70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of
ownership between the buyer and the seller, unless the buyer and the seller
agree otherwise.
9. International Buying and Selling; Translation
Given the nature of eBay's global marketplace, listings may
be viewed and purchased by, and shipped to, buyers around the world. Many of
our Services are accessible internationally. We offer certain programs, tools,
and experiences of particular interest to international sellers and buyers,
such as estimated local currency conversion and international shipping
calculation tools. If, as a seller, you do not want your item to be sold to
buyers internationally, you can exclude countries or regions you don't want to
ship to by adjusting your shipping settings as provided in the International selling policy. Sellers and buyers are
responsible for complying with all laws and regulations applicable to the
international sale, purchase, and shipment of items.
If you purchase an item on an eBay site that is different
from your registration site, you are subject to the User Agreement and
applicable policies of that other eBay site with respect to that particular
purchase, as detailed in the International selling policy.
For sellers, you agree that we may display your listing for
sale on an eBay site other than the site where you listed your item for sale,
based on your shipping settings. You may adjust these settings as detailed in
the International selling policy. If you list your items
with an international shipping option, the appearance of your listings on sites
other than the listing site is not guaranteed. If you sell an item on an eBay
site that is different from your registration or listing site, you are subject
to the User Agreement and applicable policies, including any buyer protection
programs, of that other eBay site with respect to that particular sale, as
detailed in the International selling policy.
You authorize us to use automated tools to translate your
eBay content, including member-to-member communications, in whole or in part,
into local languages where such translation solutions are available. We may
provide you with tools which will enable you to translate content at your
request. The accuracy and availability of any translation are not guaranteed.
One of the ways we make eBay.com listings available to
international buyers is through the eBay International Shipping Program
("EIS"). EIS enables buyers to obtain parcel processing,
international shipping, and customs clearance services. It is facilitated by
eBay through third-party service providers that eBay has contracted with to
operationalize the program. By listing your item on eBay.com you agree to
the EIS Terms and Conditions. If
you choose not to participate in EIS, you can opt out of the program by
updating your shipping preferences.
10. Content
When you provide content using our Services (directly or
indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable (through multiple tiers) right to exercise any and
all Intellectual Property Rights you have in that content in connection with
our provision, expansion, and promotion of our Services, including development
of new offerings as part of our Services, in any media known now or developed
in the future. To the fullest extent permitted under applicable law, you waive
your right to enforce your Intellectual Property Rights, including any moral
rights, in that content against eBay, our assignees, our sublicensees, and
their assignees in connection with our, those assignees', and those
sublicensees' use of that content in connection with our provision, expansion,
and promotion of our Services.
You represent and warrant that, for all such content you
provide, you own or otherwise control all necessary rights to do so and to meet
your obligations under this User Agreement. You represent and warrant that such
content is accurate, appropriate, and legal. You represent and warrant that use
of any such content (including derivative works) by us, our users, or others in
contract with us, and in compliance with this User Agreement, does not and will
not infringe any Intellectual Property Rights of any third party. eBay takes no
responsibility and assumes no liability for any content provided by you or any
third party.
We offer product data (including images, descriptions and
specifications) that are provided by third parties (including eBay users). You
may use that content solely in your eBay listings. eBay may modify or revoke
such permission at any time in our sole discretion. The product data includes
copyrighted, trademarked, and other proprietary materials. You agree not to
remove any copyright, proprietary, or identification markings in the product
data and not to create any derivative works based on that data (other than by
including the data in your listings).
We try to offer reliable product data, but we cannot
promise that the content provided through our Services will always be
available, accurate, complete, and up-to-date. You agree that eBay is not
responsible for examining or warranting the listings or content provided by
third parties through our Services, and that you will not attempt to hold us or
our data providers liable for inaccuracies.
The name "eBay" and other eBay marks, logos,
designs, and phrases that we use in connection with our Services are
trademarks, service marks, or trade dress of eBay in the U.S. and other
countries. They may not be used without the express written prior permission of
eBay.
11. Notice for Claims of Intellectual Property Violations
and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United
States Code
We respond to notices of alleged copyright infringement
under the United States Digital Millennium Copyright Act. eBay's Verified
Rights Owner (VeRO) program works to ensure that items and content using our
Services do not infringe upon the copyright, trademark, or certain other
intellectual property rights of third parties. If you believe that your
intellectual property rights have been infringed, please notify our VeRO team
and we will investigate. Learn how to submit a notice to
eBay.
12. Holds and Restricted Funds
To protect eBay from risk of liability for your actions as
a seller, eBay Payments Entities (as defined below) may restrict access to your
funds as described in the Payments Terms of Use.
13. Authorization to Contact You; Recording Calls;
Analyzing Message Content
eBay may contact you using autodialed or prerecorded calls
and text messages, at any telephone number that you have provided us, to: (i)
notify you regarding your account; (ii) troubleshoot problems with your
account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions
through surveys or questionnaires; or (vi) as otherwise necessary to service
your account or enforce this User Agreement, our policies, applicable law, or
any other agreement we may have with you. eBay may also contact you using
autodialed or prerecorded calls and text messages for marketing purposes (e.g.,
offers and promotions), if you consent to such communications. Our collection,
use, disclosure, retention, and protection of your personal information is
governed by our User Privacy Notice. As described in our User Privacy Notice, eBay may collect other telephone
numbers for you and may place manual non-marketing calls to any of those
numbers and autodialed non-marketing calls to any landline. Standard telephone
minute and text charges may apply and may include overage fees if you have
exceeded your plan limits. You may change your marketing communications
preference for calls at any time, including through the Communication Preferences section of your My eBay. You may also opt out of a specific text
marketing campaign by replying "STOP" to such marketing text message.
eBay may share your telephone number with its authorized
service providers as stated in our User Privacy Notice. These service providers may
contact you using autodialed or prerecorded calls and text messages, only as
authorized by eBay to carry out the purposes identified above.
eBay may, without further notice or warning and in its
discretion, monitor or record telephone conversations you or anyone acting on
your behalf has with eBay or its agents for quality control and training
purposes, or for its own protection.
eBay's automated systems scan and analyze the contents of
every message sent through its messaging platforms (including but not limited
to chat and email channels), including messages between users, to: (i) detect
and prevent fraudulent activity or violations of eBay's User Agreement,
including the incorporated terms, notices, rules, and policies and (ii) provide
and improve our Services. This may result in a manual review of messages sent
through our messaging tools. This scanning and analysis may occur before,
during, or after the message is sent, or while in storage, and may result in
your message being delayed or withheld. eBay may store message contents,
including to conduct this scanning and analysis.
Privacy of Others; Marketing
If eBay provides you with information about another user,
you agree you will use the information only for the purposes that it is
provided to you. You may not disclose or distribute a user's information to a
third party for purposes unrelated to our Services. Additionally, you may only
send marketing communications to users who have consented to receive them in
accordance with applicable laws, and only using eBay Services.
14. Additional Terms
Returns
and cancellations for sellers
Sellers can create rules to automate replacements, returns,
and refunds under certain circumstances. For all new sellers, in listings where
returns are accepted, eBay will set a default rule that automates the return
process. Sellers may remove or customize their return preferences in their
account settings within My eBay. Where settings have been set to automatically
accept requests for returns or replacements, an eBay-generated return shipping
label will be provided to your buyer. You agree to comply with our returns policy.
When an item is returned or if a transaction is canceled
after payment has been completed, eBay may issue a refund to the buyer on the
seller's behalf and charge the seller for the amount of the refund.
Additionally, eBay may charge sellers for the cost of
return shipping labels and/or other reasonable fees from sellers when:
· An eBay-generated return
shipping label is used, and the seller is responsible for its cost;
· Returns have been
automated;
· The seller fails to send
the buyer a return shipping label and, instead, an eBay-generated shipping
label is used; and/or
· The item is not as
described in the listing and is returned in accordance with eBay Money Back
Guarantee or other applicable terms.
eBay or eBay Payment Entities may invoice sellers for these
charges and collect such charges as described in the Payments Terms of Use.
All seller cancellations of orders must be in accordance
with our Order cancellation policy.
Returns
and cancellations for buyers
Buyers generally do not have the right to cancel an order.
Buyers can request to cancel an order on eBay within the time period and as
provided in our Order cancellation policy, and the seller will have 3
days to accept or decline the request. If the order cannot be canceled, buyers
may still be permitted to return the item if the item is eligible for return.
In certain instances, a buyer may be responsible for the
cost of return shipping for an item returned to a seller. If the buyer is
responsible for the return shipping costs, the buyer may elect to use an
eBay-generated shipping label or purchase a shipping label directly from a
carrier. By choosing to use an eBay-generated shipping label, you (as a buyer)
agree that eBay may deduct the cost of the shipping label from the refund owed
to you.
eBay
Money Back Guarantee
Most eBay sales go smoothly, but if there's a problem with
a purchase covered by eBay Money Back Guarantee, buyers can get their money
back if an item didn't arrive, is faulty or damaged, or doesn't match the
listing. You agree to comply with the policy and permit us to make a final
decision on any eBay Money Back Guarantee case.
If you (as seller) choose to reimburse a buyer, or are
required to reimburse a buyer or eBay under the eBay Money Back Guarantee, eBay
or eBay Payments Entities may invoice you in the amount of the reimbursement,
or collect the amount of the reimbursement from you as described in the Payments Terms of Use. If we cannot get reimbursement
from you, we may collect the outstanding sums using other collection
mechanisms, including retaining collection agencies.
We may suspend the eBay Money Back Guarantee in whole or in part
without notice if we suspect abuse or interference with the proper working of
the policy. You agree to make us whole for any losses, including expenses we
incur to recoup such losses, arising out of your abuse of the eBay Money Back
Guarantee, or any fraud you commit in connection with the eBay Money Back
Guarantee.
Recommendations
eBay may offer personalized recommendations to you to
provide a relevant and engaging experience, helping you sell or buy items of
interest to you. These recommendations may consider data related to your eBay
activity, the item, and seasonality, among other factors.
15. Payment Services
Payments for goods and services sold using our Services are
facilitated by designated eBay entities (each, an "eBay Payment
Entity") pursuant to the Payments Terms of Use. You agree to the Payments Terms of Use to the extent applicable to
you. To receive payment for an item sold using our Services, you must accept
and comply with the Payments Terms of Use,
including the requirements to provide to eBay Payment Entities information
about you, your business, and the financial account you will use to receive
payments.
If you are a buyer:
· You may pay for items
and services using the payment methods that the eBay Payment Entities make
available, and the eBay Payment Entities will manage settlement of the payment
to sellers. The eBay Payment Entities will collect the transaction amount on behalf
of the seller by charging your selected payment method. Accordingly, payments
received by the eBay Payment Entity from you will satisfy your obligations to
pay the seller in the amount of payments received;
· In certain instances,
your transaction may be declined, frozen, or held for any reason including for
suspected fraud, Anti-Money Laundering ("AML") compliance, compliance
with economic or trade sanctions, in connection with eBay's internal risk
controls or due to potential violations of any policy of eBay or the eBay
Payment Entity, or a policy of one of the Payment Entity's third-party payment
services providers;
· eBay, the eBay Payment
Entity or its affiliates may save payment information, such as credit card or
debit card numbers, and card expiration dates, entered by you on our Services
when you make a purchase, redeem a coupon, or make any other transaction on our
Services where card information is entered. Such stored payment information may
be used as your default payment method for future transactions on our Services.
At any time, you can update your card information or enter new card
information, at which point the new card information shall be stored as your
default payment method. You may make changes to your default payment method
through the payment section in My eBay. You are responsible for maintaining the
accuracy of information we have on file, and you consent to eBay updating such
stored information from time to time based on information provided by you, your
bank or other payments services providers. You will only provide information
about payment methods that you are authorized to use. By placing a payment
method on file with us, you authorize eBay Payment Entities to charge your
payment method(s) for any and all amounts arising from your use of our
Services, including charges to recover the proceeds of any fraud perpetrated by
you, or charges necessary to recoup amounts refunded to you in error;
· You may seek returns or cancellations on our Services, or
file eBay Money Back Guarantee claims on our Services.
If you are entitled to a refund, the eBay Payment Entities will issue the
refund if the eBay Payment Entities processed the original payment. Refund
timing may vary in accordance with the rules of third parties, such as credit
and debit card networks;
· You agree to comply
with, and not cause a third party to violate, all applicable laws, regulations,
rules and terms and conditions in connection with the use of the services
provided by the eBay Payment Entities. You understand that some third parties,
such as credit and debit card issuers, credit and debit card networks and
payments services providers, may have their own terms and conditions for the
payment or settlement methods you choose to use in connection with managed
payments transactions. Failure to abide by third-party terms and conditions may
result in fees assessed to you (for example, currency conversion fees from your
credit card issuer if the transaction currency is different from your credit
card currency) or other actions taken by such third parties, and you agree that
the eBay Payment Entity has no control over, or responsibility or liability
for, such fees or actions.
16. Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning
properly, but we cannot guarantee the continuous operation of or access to our
Services. Bid update and other notification functionality in eBay's
applications may not occur in real time. Such functionality is subject to
delays beyond eBay's control.
YOU AGREE THAT YOU ARE MAKING USE OF OUR SERVICES AT YOUR
OWN RISK, AND THAT THEY ARE BEING PROVIDED TO YOU ON AN "AS IS" AND
"AS AVAILABLE" BASIS. ACCORDINGLY, TO THE EXTENT PERMITTED BY
APPLICABLE LAW, WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND
CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL EBAY (INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR
AND THEIR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) BE LIABLE TO YOU OR ANY
THIRD PARTY UNDER ANY CLAIM AT LAW OR IN EQUITY FOR ANY CONSEQUENTIAL DAMAGES
OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL OR
REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR ANY SPECIAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES), AND ALL SUCH DAMAGES OR LOSSES ARE EXPRESSLY EXCLUDED
BY THIS USER AGREEMENT WHETHER OR NOT THEY WERE FORESEEABLE OR EBAY WAS ADVISED
OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE
(INCLUDING OUR PARENT, SUBSIDIARIES, AND AFFILIATES, AND OUR AND THEIR
OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES) ARE NOT LIABLE, AND YOU AGREE NOT
TO HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED
TO, LOSS OF MONEY, GOODWILL OR REPUTATION, PROFITS, OTHER INTANGIBLE LOSSES, OR
ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR
INDIRECTLY FROM:
· the content you provide
(directly or indirectly) using our Services;
· your use of or your
inability to use our Services;
· pricing, shipping,
format, or other guidance provided by eBay;
· delays or disruptions in
our Services;
· viruses or other
malicious software obtained by accessing or linking to our Services;
· glitches, bugs, errors,
or inaccuracies of any kind in our Services;
· damage to your hardware
device from the use of any eBay Service;
· the content, actions, or
inactions of third parties, including items listed using our Services or the
destruction of allegedly fake items;
· a suspension or other
action taken with respect to your account or breach of the Using eBay section
above;
· the duration or manner
in which your listings appear in search results as set out in the Listing
Conditions section above; or
· your need to modify
practices, content, or behavior, or your loss of or inability to do business,
as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of
warranties or exclusion of damages, so such disclaimers and exclusions may not
apply to you.
Regardless of the previous paragraphs, if we are found to
be liable, our liability to you or to any third party is limited to the
greatest of (a) any amounts due under the eBay Money Back Guarantee up to the
price the item sold for on eBay (including any applicable sales tax) plus its
original shipping costs, (b) the amount of fees in dispute, not to exceed the
total fees you paid to us in the 12 months prior to the action giving rise to
the liability, or (c) $100.
17. Release
If you have a dispute with one or more users, you release
us (and our affiliates and subsidiaries, and our and their respective officers,
directors, employees, and agents) from claims, demands, and damages (actual and
consequential) of every kind and nature, known and unknown, arising out of or
in any way connected with such disputes. In entering into this release,
you expressly waive any protections (whether statutory or otherwise) that would
otherwise limit the coverage of this release to include only those claims which
you may know or suspect to exist in your favor at the time of agreeing to this
release.
18. Indemnity
You will indemnify and hold us (including our affiliates
and subsidiaries, as well as our and their respective officers, directors,
employees, and agents) harmless from any claim or demand, including reasonable
legal fees, made by any third party due to or arising out of your breach of
this User Agreement, your improper use of our Services or your breach of any
law or the rights of a third party.
19. Legal Disputes
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE
A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND EBAY HAVE AGAINST EACH OTHER ARE
RESOLVED.
In this Legal Disputes section, the term "related third
parties" includes your and eBay's respective affiliates, subsidiaries,
parent companies, predecessors, successors, assigns, as well as your, eBay's,
and these entities' respective employees and agents.
You and eBay each agree that any and all claims or disputes at law or
equity that has arisen, or may arise, between you and eBay (or any related
third parties) that relate in any way to or arise out of this or previous
versions of this User Agreement, your use of or access to the Services, the
actions of eBay or its agents, or any products or services sold, offered, or
purchased through the Services, will be resolved in accordance with the
provisions set forth in this Legal Disputes section.
A. Applicable Law
You and eBay agree that, except to the extent inconsistent
with or preempted by federal law, the laws of the State of Utah, without regard
to principles of conflict of laws, will govern this User Agreement and any
claim or dispute that has arisen or may arise between you and eBay, except as
otherwise stated in this User Agreement.
B.
Agreement to Arbitrate
You and eBay each agree that any and all disputes or claims between you
and eBay (or any related third parties) that arise out of or relate in any way
to this or previous versions of the User Agreement, your use of or access to
our Services, the actions of eBay or its agents, or any products or services
sold, offered, or purchased through our Services, including the scope or
applicability of this Agreement to Arbitrate (each, a "Dispute")
shall be resolved exclusively through final and binding arbitration, rather
than in court. The exceptions to this Agreement to Arbitrate are:
(1) you or eBay may seek relief in small claims court if such claims qualify
and remain in small claims court; and (2) you or eBay may seek equitable relief
in court for infringement or other misuse of intellectual property rights (such
as trademarks, trade dress, domain names, trade secrets, copyrights, and
patents). For purposes of this Agreement to Arbitrate, "Dispute" will
also include disputes that arose or involve facts occurring before the
existence of this or any prior versions of the User Agreement as well as claims
that may arise after the termination of this User Agreement, unless those
disputes were noticed prior to this User Agreement.
1. Informal Dispute
Resolution
If a Dispute arises
between you and eBay, eBay is committed to working with you to reach a prompt,
low‐cost and mutually reasonable resolution. You and eBay agree
to participate in good faith informal efforts to resolve Disputes before
starting an arbitration or initiating an action in small claims court ("Informal Dispute Resolution"). To initiate
Informal Dispute Resolution, a party must give notice to the other party in
writing in a valid Notice of Dispute ("Notice"), which may be
downloaded at this link. Such
Notice to eBay should be sent by email to DisputeNotice@eBay.com or
regular mail to our offices located at 339 W. 13490 S., Ste. 500, Draper, UT
84020. eBay will send any Notice to you to the physical address we have on file
associated with your eBay account; it is your responsibility to keep your
physical address up to date. To be valid, you must personally sign the Notice
and complete all information on the Notice form, including a description of the
claims you are asserting, the specific relief sought, and the user name, email
address and phone number associated with your account.
The Informal Dispute
Resolution process lasts 45 days and is a mandatory precondition to commencing
arbitration. The statute of limitations and any filing deadlines shall be
tolled while the parties engage in Informal Dispute Resolution.
2. Waiver of Jury Trial
YOU AND EBAY HEREBY WAIVE
ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN
FRONT OF A JUDGE OR A JURY. You and eBay are instead electing that all Disputes
shall be resolved by arbitration under this Agreement to Arbitrate, except as
specified in Section 19.B ("Agreement to Arbitrate").
3. Waiver of Class and
Representative Actions and Non-Individualized Relief
EACH OF US MAY BRING
CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE, OR COLLECTIVE BASIS, OR
PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING, NOR OTHERWISE TO SEEK RECOVERY
OF LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD
PARTY, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT,
HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR
REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE. Subject to this
Agreement to Arbitrate, the arbitrator may award declaratory or injunctive
relief only in favor of the individual party seeking relief and only to the
extent necessary to provide relief warranted by the party’s individual claim.
Nothing in this paragraph is intended to, nor shall it, affect the terms and
conditions under Section 19.B.7 ("Batch Arbitration").
Notwithstanding anything
to the contrary in this Agreement to Arbitrate, if a final decision, not
subject to any further appeal or recourse, determines that the limitations of
this Section are invalid or unenforceable as to a particular claim or request for
relief (such as a request for public injunctive relief), you and eBay agree
that that particular claim or request for relief (and only that particular
claim or request for relief) shall be severed from the arbitration and may be
brought in court (pursuant to Section 19.C below), subject to your and eBay's
right to appeal the court's decision. All other Disputes, aside from those
explicitly exempted in Sections 19.B (above), shall be arbitrated. This section
does not prevent you or eBay from participating in a class-wide settlement of
claims.
4. Arbitration Procedures
Arbitration is more
informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead
of a judge or jury, and court review of an arbitration award is very limited.
However, an arbitrator can award the same damages and relief on an individualized
basis that a court can award to an individual. An arbitrator will apply the
terms of the User Agreement as a court would. The arbitrator shall have
exclusive authority to resolve any Dispute, including, without limitation,
disputes regarding the interpretation or application of the Agreement to
Arbitrate, including the enforceability, revocability, scope, or validity of
the Agreement to Arbitrate or any portion of the Agreement to Arbitrate, except
that all Disputes regarding Section 19.B.3 ("Waiver of Class and Other
Non-Individualized Relief") including any claim that all or part of that
Section is unenforceable, illegal, void or voidable, or that such Section has
been breached, shall be decided by a court of competent jurisdiction and not by
an arbitrator.
The award of the
arbitrator is final and binding upon you and us. Unsatisfied judgments on the
arbitration award may be entered in any court having jurisdiction. This User
Agreement evidences a transaction involving interstate commerce; and
notwithstanding any other provision herein with respect to the applicable
substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern
the interpretation and enforcement of this Agreement to Arbitrate and any
arbitration, including the procedures governing Batch Arbitration.
If Informal Dispute
Resolution does not resolve satisfactorily within 45 days after receipt of a
Notice, you and eBay agree that either party shall have the right to finally
resolve the Dispute through binding arbitration. The arbitration will be
administered by National Arbitration & Mediation ("NAM") in accordance with the NAM Comprehensive
Dispute Resolution Rules and Procedure (the "NAM Comprehensive Rules")
in effect at the time of arbitration, except as supplemented, where applicable,
by the NAM Supplemental Rules for Mass Arbitration Filings (the "NAM Mass Filing Rules"; together with the NAM
Comprehensive Rules, the "NAM Rules"),
and as modified by this Agreement to Arbitrate. The NAM Rules are currently
available at https://www.namadr.com/resources/rules-fees-forms/.
To initiate an arbitration, please consult the NAM Rules or contact commercial@namadr.com.
If NAM is unavailable to administer the arbitration, another administrator will
be selected by the parties or, if the parties cannot reach agreement, the court
(pursuant to Section 19.C below) shall select the administrator.
A party who wishes to
initiate arbitration must provide the other party with a demand for arbitration
(the "Demand"). A Demand to eBay should be sent by mail
to eBay Inc., Attn: Litigation Department, 339 W. 13490 S., Ste. 500, Draper,
UT 84020. If eBay initiates an arbitration against you, it will send a Demand
to the physical address we have on file associated with your eBay account; it
is your responsibility to keep your physical address up to date. A Demand form
is available on NAM's site at https://www.namadr.com/content/uploads/2024/09/Revised-Comprehensive-Demand-for-Arb-9.17.24.pdf.
The Demand must include: (1) the name, telephone number, mailing address, e‐mail address, and eBay user name of the party seeking
arbitration, including a statement whether the party is a U.S. resident; (2) a
statement of the legal claims being asserted and the factual bases for those
claims; (3) a description of the remedy sought and an accurate, good‐faith calculation of the amount in controversy; (4) a
statement certifying completion of the Informal Dispute Resolution process as
described above; and (5) a statement certifying that the requesting party will
pay any necessary filing fees in connection with such arbitration. If the party
requesting arbitration is represented by counsel, the Demand shall also include
counsel’s name, telephone number, mailing address, and email address. Such
counsel must also sign the Demand.
If you are a U.S.
resident, and unless you and eBay otherwise agree, the arbitration, including
any in-person arbitration hearing, will be conducted in the county where you
reside or, in the case of Batch Arbitration, as determined by the arbitrator.
If you are not a resident of the United States, then the arbitration, including
any in-person arbitration hearing, will be held in Salt Lake County, Utah,
United States, or another mutually agreed location. Subject to the NAM Rules,
the arbitrator may direct a limited and reasonable exchange of information
between the parties, consistent with the expedited nature of the arbitration.
You and eBay agree that all materials and documents exchanged during the
arbitration proceedings shall be kept confidential and shall not be shared with
anyone except the parties’ attorneys, accountants, or business advisors, and
shall be subject to the condition that they agree to keep all materials and
documents exchanged during the arbitration proceedings confidential. You and eBay
agree that at least 14 days before the date set for an arbitration hearing, any
party may serve an offer in writing upon the other party to allow judgment on
specified terms. If the offer made by one party is not accepted by the other
party, and the other party fails to obtain a more favorable award, the other
party shall not recover any post-offer costs to which they otherwise would be
entitled and shall pay the offering party’s costs from the time of the offer.
The parties agree that
the arbitrator will decide the substance of all claims in accordance with
applicable law, including recognized principles of equity, and will honor all
claims of privilege recognized by law. The parties agree that the arbitrator shall
not be bound by rulings in prior arbitrations involving different users but
shall be bound by rulings in prior arbitrations involving the same eBay user to
the extent required by applicable law. The arbitrator's award shall be final
and binding, and an unsatisfied judgment on the award rendered by the
arbitrator may be entered in any court having jurisdiction thereof.
5. Arbitrator
The arbitrator will be
either a retired judge or an attorney and will be selected by the parties from
the NAM’s roster of consumer dispute arbitrators, provided that if the Batch
Arbitration process is triggered, NAM will appoint the arbitrator for each batch
without soliciting input or feedback from any party. If the parties are unable
to agree upon an arbitrator within 35 days of delivery of the Demand, then NAM
will appoint the arbitrator in accordance with the NAM Rules.
6. Fees and Costs
Payment of all filing,
administration, and arbitrator fees will be governed by the applicable NAM fee
schedules (the "Fee Schedules"), but may be
reapportioned between the parties in accordance with this Agreement to
Arbitrate, as follows: if you complied with the Informal Dispute Resolution
requirements in Section 1 of this Agreement and the value of the relief sought
in the Dispute is $10,000 or less, at your request eBay will pay all filing,
administration, and arbitrator fees associated with the arbitration. The
parties shall bear their own attorneys’ fees and costs in arbitration unless
the arbitrator finds that either the substance of the Dispute or the relief
sought in the Demand was frivolous or was brought for an improper purpose (as
measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
To the extent, following a presentation on the merits, on its own motion or a
party’s, and after affording a reasonable opportunity to respond, an arbitrator
determines that a party who commenced arbitration did not bring its claim(s)
consistent with counsel’s Certification and the standards set forth in Federal
Rule of Civil Procedure 11(b), the arbitrator may, as part of its award, impose
sanctions by ordering that the initiating party reimburse the responding party
for all arbitration costs and arbitrators’ fees the responding party incurred
under the Fee Schedule.
7. Batch Arbitration
To increase the
efficiency of administration and resolution of arbitrations, you and eBay agree
that in the event that there are 25 or more individual Demands of a
substantially similar nature filed against eBay by or with the assistance of
the same law firm, group of law firms, or organizations ("Claimant’s Counsel"), within a reasonably
proximate period of time, for example, a 90 day period, NAM shall (1)
administer the arbitration demands in batches of 100 Demands per batch (or, if
between 25 and 99 individual Demands are filed, a single batch of all those Demands,
and, to the extent there are less than 100 Demands remaining after the batching
described above, a final batch consisting of the remaining Demands); (2)
appoint one arbitrator for each batch; and (3) provide for the resolution of
each batch on a consolidated basis with one set of filing and administrative
fees due per batch, one procedural calendar, one hearing (if any) in a place to
be selected by Claimant’s Counsel or, if Claimant’s Counsel does not have a
preference, by the arbitrator, and one final award, which will provide for any
and all relief to which the arbitrator determines each individual party is
entitled ("Batch Arbitration"). NAM shall
administer all batches concurrently, to the extent possible.
All parties agree that
Demands are of a "substantially similar nature" if they arise out of
or relate to the same event or factual scenario and raise the same or similar
legal issue(s) and seek the same or similar relief. To the extent the parties
disagree on the application of the Batch Arbitration process, the disagreeing
party shall advise NAM, and NAM shall appoint a sole standing Procedural
Arbitrator or, should the circumstances so require, an Emergency Arbitrator,
according to the NAM Rules, to determine the applicability of the Batch
Arbitration process (the Procedural Arbitrator or Emergency Arbitrator, the
"Administrative Arbitrator"). To expedite
resolution of any such dispute by the Administrative Arbitrator, the parties
agree the Administrative Arbitrator may set forth such procedures as are
necessary to resolve any disputes promptly. The Administrative Arbitrator’s
fees shall be paid by eBay.
You and eBay agree to
cooperate in good faith with NAM to implement the Batch Arbitration process
including the payment of single filing and administrative fees for batches of
Demands, as well as any steps to minimize the time and costs of arbitration, which
may include: (1) the appointment of a discovery special master to assist the
arbitrator in the resolution of discovery disputes; and (2) the adoption of an
expedited calendar of the arbitration proceedings. This Batch Arbitration
provision shall in no way be interpreted as authorizing a class, collective
and/or representative arbitration or action of any kind, except as expressly
set forth in this provision, and nothing about the Batch Arbitration process
will preclude any party from participating in any arbitration administered
according to that process.
8. Severability
Except as provided in
Section 19.B.3 ("Waiver of Class or Other Non-Individualized
Relief"), if any part or parts of this Agreement to Arbitrate (other than
Section 19.B.7 ("Batch Arbitration")) are found under the law to be
invalid or unenforceable, then such specific part or parts shall be of no force
and effect and shall be severed and the remainder of the Agreement to Arbitrate
shall continue in full force and effect. However, if Section 19.B.7
("Batch Arbitration") of this Agreement to Arbitrate is found under
the law to be invalid or unenforceable then, in that case, the entire Agreement
to Arbitrate shall be void, and the parties agree that all Disputes will be
heard in the state or federal courts located in Salt Lake County, Utah as
required in Section 19.C. You further agree that any Dispute that you have with
eBay as detailed in this Agreement to Arbitrate must be initiated within the
applicable statute of limitation for that claim or controversy, or it will be
forever time barred. Likewise, you agree that all applicable statutes of
limitation will apply to such arbitration in the same manner as those statutes
of limitation would apply in the applicable court of competent jurisdiction.
9. Opt-Out Procedure
IF YOU ARE A NEW USER OF
OUR SERVICES, YOU CAN CHOOSE TO OPT OUT OF THIS AGREEMENT TO ARBITRATE
("OPT OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT
NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS FROM
THE DATE YOU FIRST ACCEPT THIS USER AGREEMENT. YOU MUST MAIL THE OPT-OUT NOTICE
TO EBAY INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 339 W. 13490 S.,
STE. 500, DRAPER, UT 84020. For your convenience, we are providing an Opt-Out Notice form. You must complete, sign, and mail
that to us to opt out of this Agreement to Arbitrate. You must sign the Opt-Out
Notice for it to be effective. Any Opt-Out Notice will be effective only if you
send it yourself, on an individual basis, and opt-out notices from any third
party purporting to act on your behalf will have no effect on your or eBay’s
rights. This procedure is the only way you can opt out of this Agreement to
Arbitrate.
Opting out of this
Agreement to Arbitrate has no effect on any arbitration agreement(s) you may
currently have with us, including any previous version of this Agreement to
Arbitrate to which you agreed; all such prior arbitration agreements remain in
effect unless superseded by this Agreement, and you cannot use this procedure
to opt out of any previous version of this Agreement to Arbitrate. Neither you
nor eBay waives any right to arbitration that may apply to any current or
pending lawsuit, arbitration, or legal proceeding commenced prior to the
effective date of this Agreement to Arbitrate. If you opt out of this
Agreement to Arbitrate, all other parts of this User Agreement and its Legal
Disputes section will continue to apply to you.
10. Future Amendments to the
Agreement to Arbitrate
Notwithstanding any
provision in the User Agreement to the contrary, you and we agree that if we
make any amendment to this Agreement to Arbitrate (other than an amendment to
any notice address or site link provided herein) in the future, that amendment shall
not apply to any claim already filed in arbitration (or, where permitted, in
court or small claims court) against eBay prior to the effective date of the
amendment. The amendment shall apply to all other disputes or claims governed
by the Agreement to Arbitrate that have arisen or may arise between you and
eBay. We will notify you of material amendments to this Agreement to Arbitrate.
We will provide you 30 days' notice by posting the amended terms on
www.eBay.com. Additionally, we will notify you through the eBay Message Center
and/or by email. If you do not agree to these amended terms, you may close your
account within the 30-day period and you will not be bound by the amended
terms. Your continued use of or access to our Services, including the acceptance
of any products or services sold, offered, or purchased through our Services
following the posting of changes to this Agreement to Arbitrate constitutes
your acceptance of any such changes.
C. Judicial Forum for Legal Disputes
If the Agreement to Arbitrate above is found not to apply
to you or to a particular claim, request for relief, or Dispute, either as a
result of your decision to opt out of the Agreement to Arbitrate or as a result
of a decision by the arbitrator or a court order, you agree that any claim or
dispute between you and eBay will be resolved exclusively by a state or federal
court located in Salt Lake County, Utah. You and eBay agree to submit
exclusively to the personal jurisdiction of the courts located within Salt Lake
County, Utah for the purpose of litigating all such claims, disputes, or
matters.
20. General
Except as otherwise provided in this User Agreement, if any
provision of this User Agreement is held to be invalid, void or for any reason
unenforceable, such provision shall be struck out and shall not affect the
validity and enforceability of the remaining provisions. In our sole
discretion, we may assign this User Agreement, and in such event, we will post
notice on www.ebay.com.
Headings are for reference purposes only and do not limit
the scope or extent of such section. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. We do not guarantee we will take action against
all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the
amended terms on www.eBay.com. Our right to amend the User Agreement includes
the right to modify, add to, or remove terms in the User Agreement. We will
provide you 30 days' notice by posting the amended terms. Additionally, we will
notify you through the eBay Message Center and/or by email. Your continued
access or use of our Services constitutes your acceptance of the amended terms.
We may also ask you to acknowledge your acceptance of the User Agreement
through an electronic click-through. This User Agreement may not otherwise be
amended except through mutual agreement by you and an eBay representative who
intends to amend this User Agreement and is duly authorized to agree to such an
amendment.
Without limiting eBay's ability to refuse, modify, or
terminate all or part of our Services, eBay may also terminate this Agreement
with anyone at any time for any reason, at our sole discretion, by giving
notice of such termination.
The policies and terms posted on our Services may be
changed from time to time. Changes take effect when we post them on the eBay
Service.
If you create or use an account on behalf of a business
entity, you represent that you are authorized to act on behalf of such business
and bind the business to this User Agreement. Such account is owned and
controlled by the business entity. No agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this User Agreement.
The User Agreement and all terms and policies posted
through our Services set forth the entire understanding and agreement between
you and eBay, and supersede all prior understandings and agreements of the
parties.
The following sections survive any termination of this User
Agreement: Fees and Taxes, Content, Holds and Restricted Funds, Additional
Terms, Payment Services, Disclaimer of Warranties; Limitation of
Liability; Release, Indemnity, Legal Disputes, and General.
If you are a California resident, in accordance with Cal.
Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit
of the Division of Consumer Services of the California Department of Consumer
Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or
by telephone at (800) 952-5210.
Pursuant to 815 ILCS 414/1.5(c), for transactions involving
tickets to events in Illinois, buyers and sellers may elect to submit
complaints against one another to the American Arbitration Association
("AAA") under its rules and procedures. The AAA's rules are available
at www.adr.org.
Such complaints shall be decided by an independent arbitrator in accordance
with this User Agreement. Buyers and sellers further agree to submit to the
jurisdiction of the State of Illinois for complaints involving a ticketed event
held in Illinois.
