We need a sellers union

0 views
Skip to first unread message

Lucifer

unread,
Sep 16, 2021, 2:54:49 PM9/16/21
to
Remember before unions employers had total control?
Ebay needs sellers in order to exist.
We need a union.


Skip to main content
eBay Logo


Customer Service

Hi! Sign in or register Daily Deals Brand Outlet Help & Contact

SellWatchlist
Expand Watch List
My eBay
Expand My eBay

Expand Cart

Page navigation

Home
Help

10 min article
User Agreement

This User Agreement is effective upon acceptance for new users, and
from October 8, 2021 for existing users. The previous amendment to
this User Agreement was effective for all users on April 2, 2021.

In this User Agreement:

1. Introduction

2. About eBay

3. Using eBay

4. Policy Enforcement

5. Fees and Taxes

6. Listing Conditions

7. Purchase Conditions

8. International Buying, Selling, and Shipping; Translation

9. Content

10. Notice for Claims of Intellectual Property Violations and
Copyright Infringement Pursuant to Section 512(c) of Title 17 of the
United States Code

11. Holds and Restricted Funds

12. Authorization to Contact You; Recording Calls; Analyzing Message
Content

13. Additional Terms

Returns and cancellations for sellers
Cancellations for buyers
eBay Money Back Guarantee

14. Managed Payments

15. Disclaimer of Warranties; Limitation of Liability

16. Release

17. Indemnity

18. Legal Disputes

19. General
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. You
can find an overview of our policies here. 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 outside the United Kingdom
but within the European Union; eBay Canada Limited, 240 Richmond
Street West, 2nd Floor Suite 02-100, Toronto, Ontario, M5V 1V6,
Canada, if you reside in Canada; eBay Singapore Services Pte Ltd., 10
Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315, if you
reside in India; and eBay Marketplaces GmbH, Helvetiastrasse 15/17,
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."

Please be advised that this User Agreement 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 our agents to binding and final
arbitration, unless you opt out of the Agreement to Arbitrate (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
our agents on an individual basis, not as a plaintiff or class member
in any class or representative action or proceeding and (2) you will
only be permitted to seek relief (including monetary, injunctive, and
declaratory relief) on an individual basis.
2. About eBay

eBay is a marketplace that allows users to offer, sell and buy just
about anything in a variety of pricing formats and locations. The
actual contract for sale is directly between the seller and buyer.
eBay is not a party to the transaction, and it is not a seller or a
traditional auctioneer.

Any guidance we provide as part of our Services, such as pricing,
shipping, listing, and sourcing is solely informational and you may
decide to follow it or not. Also, while we may help facilitate the
resolution of disputes through various programs, 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:

post, list or upload content or items in inappropriate categories
or areas on our sites;
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, 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;
post false, inaccurate, misleading, deceptive, defamatory, or
libelous content;
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;
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 to access our Services
for any purpose, except with the prior express permission of eBay;
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 or software
associated with such application, except with the prior express
permission of eBay;
harvest or otherwise collect information about users without their
consent; or
circumvent any technical measures used to provide our Services.

Sellers must meet eBay's minimum performance standards. Failure to
meet these standards may result in eBay charging you additional fees,
and/or limiting, restricting, suspending, or downgrading your seller
account.

If we believe you are 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.

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. If you are a seller and 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 does
not sell.

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. 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.
5. Fees and Taxes

The fees we charge for using our 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 transaction 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 must have a payment method on file when selling using our 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, eBay payments entities may collect amounts owed
in the manner described in the Payment Terms of Use. In addition, you
will be subject to late fees. If you receive your sales proceeds to
your PayPal account, and your account is over 60 days past due, we may
request that PayPal deduct the amount owed from your PayPal account
balance. 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.

In any jurisdiction where eBay has an obligation to collect sales
taxes on sales you make using our Services, we may collect such sales
taxes from you via the payment method on file under the terms of the
Billing Agreement or via any other means available to us.

Selling fees don't 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,
in our sole discretion and without consent from, or payment, fee
reduction, or other credit to, sellers.
6. 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,
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 product data associated with 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 so as to not affect third-party search engine
results,
We may provide you with optional recommendations to consider when
creating your listings. Such recommendations may be based on the
aggregated sales and performance history of similar sold and current
listings; results may vary for individual listings. To drive the
recommendations experience, you agree that we may display the sales
and performance history of your individual listings to other sellers,
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
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 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.

7. Purchase Conditions

When buying an item on 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 committing to buy,
You enter into a legally binding contract to purchase an item when
you commit to buy an item, your offer for an item is accepted, or if
you have the winning bid (or your bid is otherwise accepted),
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.

8. International Buying and Selling; Translation

Many of our Services are accessible internationally. We may offer
certain programs, tools, and site experiences of particular interest
to international sellers and buyers, such as estimated local currency
conversion and international shipping calculation tools. 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 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
and 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 that we may make eBay.com listings available to
international buyers on eBay.com and on eBay's international sites is
through the Global Shipping Program. For eligible items located in the
United States and purchased by an international buyer through the
Global Shipping Program, you (as seller) will simply ship the item to
a parcel processing facility located in the United States after
receiving notification of payment from the buyer. Pitney Bowes Inc., a
third-party global shipping provider, will oversee the processing,
customs clearance, and international shipment of the item on behalf of
your international buyer. To the extent a buyer has a question about
your Global Shipping Program listings, eBay may respond directly to
the buyer if the question pertains to the services overseen by Pitney
Bowes Inc. (for example, customs or international shipping). Sellers
pay no additional fees for selling through the Global Shipping
Program.

Pursuant to a routed export transaction under the U.S. Export
Administration Regulations and Foreign Trade Regulations, the buyer,
as the Foreign Principal Party in Interest, will agree to assume
responsibility for the export shipment, with Pitney Bowes Inc. acting
as your buyer's forwarding agent. You remain liable for the accuracy
of information you provide about items, and you agree to provide
timely responses to requests for additional information.

You consent to the disclosure of certain personally identifiable
information, as well as listing and order information, by eBay to
Pitney Bowes Inc., and by Pitney Bowes Inc. to its affiliates, service
providers, and other third parties (such as customs and revenue
authorities, as well as other government agencies), in connection with
the processing, export and customs clearance, and international
transportation of any item. eBay does not control the privacy policies
of Pitney Bowes Inc., its affiliates, or its service providers, and
you are subject to the privacy policies of those parties, as
applicable.

Additional information about the program, including policies governing
feedback, the handling of lost, damaged, and undeliverable items,
returns, and the resolution of buyer protection claims for items that
you sell through the program, can be found on our Global Shipping
Program - opens in new window or tab and Global Shipping FAQs - opens
in new window or tab pages.
9. 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, 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 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. 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 that 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 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.
10. 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 - opens in new window or tab.
11. Holds and Restricted Funds

To protect eBay from risk of liability for your actions as a seller,
eBay payments entities designated to provide payments services to you
may restrict access to your funds as described in the Payment Terms of
Use - opens in new window or tab.

If you receive transaction proceeds to your PayPal account, eBay may
instruct PayPal to temporarily restrict access to funds in your PayPal
account based on certain factors, including, but not limited to,
selling history, seller performance, returns, riskiness of the listing
category, transaction value, or the filing of an eBay Money Back
Guarantee case.
12. 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 - opens in new window or tab section of your
My eBay - opens in new window or tab. 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 messages platform, including messages between
users, to detect and prevent fraudulent activity or violations of
eBay's User Agreement, including the incorporated terms, notices,
rules, and policies. 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, and only using eBay Services.
13. 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, to refund the buyer, you (as seller)
authorize eBay or eBay payments entities to collect the amount of the
reimbursement from you as described in the Payments Terms of Use -
opens in new window or tab. If you receive your transaction proceeds
to your PayPal account, you also authorize eBay to request that PayPal
remove the refund amount (in same or other currency) from your PayPal
account.

eBay, or the eBay payments entities may collect the cost of the return
shipping label from sellers when:

An eBay-generated return shipping label is used, and the seller is
responsible for its cost;
Your returns have been automated;
You fail to send your buyer a return shipping label and, instead,
an eBay-generated shipping label is used; and/or
Item is not as described in the listing and is returned in
accordance with eBay Money Back Guarantee.

The cost of return shipping labels may be collected from you as
described in the Payments Terms of Use - opens in new window or tab.
If you receive proceeds of your sales to your PayPal account, you
authorize eBay to request the removal of the cost of the shipping
label from your PayPal account (in same or other currency).

All seller cancellations of orders must be in accordance with our
Order cancellation policy.

If a transaction is cancelled, eBay may issue a refund to the buyer on
your behalf. If a refund is issued to a buyer, you (as seller)
authorize eBay or eBay payments entities to collect the amount of the
refund from you as described in the Payments Terms of Use - opens in
new window or tab. If you receive your transaction proceeds to your
PayPal account, you also authorize eBay to request that PayPal remove
the refund amount (in same or other currency) from your PayPal
account.
Cancellations for buyers

Buyers generally do not have the right to cancel an order. Buyers can
request to cancel an order on eBay within one hour after their
purchase or commitment, and the seller will have 3 days to accept or
decline the request. If the order cannot be cancelled, buyers may
still be permitted to return the item if the item is eligible for
return. All buyer requested cancellations of orders must be in
accordance with our Order cancellation policy.
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, you
authorize eBay, or eBay payments entities to collect the amount of the
reimbursement from your current or future sales proceeds, linked
financial account, or other payment method on file as described in the
Payments Terms of Use - opens in new window or tab. If you receive
your transaction proceeds to your PayPal account, you also authorize
eBay to remove the reimbursement amount from your PayPal account (in
the same or other currency). 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.
14. Managed Payments

A designated eBay entity (each, a "payments entity") manages payments
on behalf of sellers for most sales (such management described as
"managed payments" or similar). Regardless of whether or not eBay or
an eBay payments entity manages a sale, the contract for sale
underlying the purchase of goods is directly concluded between seller
and the buyer.

In order to use managed payments, and to continue to list and sell on
eBay, you must:

provide the payments entity with information about you and/or your
business to meet its compliance requirements, including those
involving identity verification, anti-money laundering controls, and
sanctions screening as required by applicable laws and policies; and
pass such verification and screening and otherwise meet the
compliance requirements of the payments entity, as determined by the
payments entity; and
provide bank account information for a U.S.-based checking account
so that the payments entity can link such checking account to your
eBay account, allowing the payments entity to pay you.

In addition:

the payments entity may obtain information about you from
third-parties to verify your identity, comply with anti-money
laundering and sanctions screening obligations, and for other purposes
in connection with managed payments; and
the payments entity may use third-party payments service providers
to assist it in providing managed payments services, including
companies that process payments, perform risk assessments (such as
credit agencies) or compliance checks, verify identity, and validate
payment methods. eBay, the payments entity, and their affiliates may
send personal data associated with you and your account to such
third-parties.

The payments entity may, in its sole discretion, manage payments on
your behalf even if you haven't provided all requested information,
and the payments entity may withhold payouts pending receipt of such
information.

The complete terms governing sellers' use of managed payments are
available in the Payments Terms of Use - opens in new window or tab,
incorporated herein. You agree to the Payments Terms of Use - opens in
new window or tab to the extent applicable to you, whether or not your
account has been enabled for managed payments.

If you are a buyer completing a purchase from a seller that is using
managed payments:

You may pay for such items using those payment methods that the
payments entity makes available, and the payments entity will manage
settlement to sellers. By completing purchases from sellers who use
managed payments, buyers authorize the payments entity to initiate
payments using the buyers' selected payment method and collect the
transaction amounts on behalf of sellers.  Accordingly, payments
received by the payments entity from buyers satisfy buyers'
obligations to pay sellers in the amount of payments received.
In certain instances, your transaction may be declined, frozen, or
held for any reason including for suspected fraud, 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 payments entity, or a policy of one of the payments
entity's third-party payment services providers.
eBay, the payments 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 Personal
Information section under the Account tab 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.
You may seek returns or cancellations on our Services, or file
eBay Money Back Guarantee claims on our Services. The payments entity
refunds amounts paid for successful eBay Money Back Guarantee claims
and returned or cancelled transactions in cases where the original
payment was managed by the payments entity. 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 managed payments. 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 payments entity has no control over, or responsibility or
liability for, such fees or actions.

15. 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 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 Abusing 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 greater
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)
and its original shipping costs, (b) the amount of fees in dispute not
to exceed the total fees, which you paid to us in the 12 months prior
to the action giving rise to the liability, or (c) $100.
16. 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.
17. Indemnity

You will indemnify and hold us (including our affiliates and
subsidiaries, as well as our and their respective officers, directors,
employees, 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.
18. 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 agree that any claim or dispute at law or equity that has
arisen, or may arise, between you and eBay (or any related third
parties) that relates in any way to or arises 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 or purchased through the Services, will be resolved in
accordance with the provisions set forth in this Legal Disputes
Section.
A. Applicable Law

You 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 that have
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 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 shall be resolved
exclusively through final and binding arbitration, rather than in
court.

Alternatively, you may assert your claims in small claims court, if
your claims qualify and so long as the matter remains in such court
and advances only on an individual (non-class, non-representative)
basis. The Federal Arbitration Act ("FAA"), and to the extent not
inconsistent with the FAA, the laws of the State of Utah, without
regard to principles of conflict of laws, governs the interpretation
and enforcement of this Agreement to Arbitrate.

Prohibition of Class and Representative Actions and
Non-Individualized Relief

YOU AND EBAY AGREE THAT 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 PRIVATE ATTORNEY
GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND EBAY AGREE
OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE
PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY
FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY
GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF
(INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR
OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT
NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL
CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court
decides that applicable law precludes enforcement of any of this
paragraph's limitations as to a particular claim or a particular
request for a remedy (such as a request for injunctive relief), then
that claim or that remedy request (and only that claim or that remedy
request) must be severed from the arbitration and may be brought in
court (pursuant to Section 18.C below), subject to your and eBay's
right to appeal the court's decision. All other claims will be
arbitrated.
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 should apply the terms
of the User Agreement as a court would. All issues are for the
arbitrator to decide, except that issues relating to arbitrability,
the scope or enforceability of this Agreement to Arbitrate, or the
interpretation of Section 1 of this Agreement to Arbitrate
("Prohibition of Class and Representative Actions and
Non-Individualized Relief"), shall be for a court of competent
jurisdiction to decide.

The arbitration will be administered by the American Arbitration
Association ("AAA") under its rules and procedures, including the
AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration
Rules, and the AAA's International Centre for Dispute Resolution Rules
(as applicable), as modified by this Agreement to Arbitrate. Absent
agreement of the parties, the AAA shall decide which AAA rules apply
to the arbitration. The AAA's rules are available at www.adr.org -
opens in new window or tab and www.icdr.org - opens in new window or
tab. In the event that the AAA is unavailable to administer the
arbitration, another administrator will be selected by the parties or,
if the parties cannot reach the agreement, the court (pursuant to
Section 18.C below) shall select the administrator.

A party who intends to seek arbitration must first send to the
other, by certified mail, a valid Notice of Dispute ("Notice"), which
may be downloaded at this link - opens in new window or tab. The
Notice to eBay must be sent to eBay Inc., Attn: Litigation Department,
Re: Notice of Dispute, 583 W. eBay Way, 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 nature and basis of the claims you are
asserting, the specific relief sought, and the email address and phone
number associated with your account.

If you and eBay are unable to resolve the claims described in a
valid Notice within 30 days after eBay receives that Notice, you or
eBay may initiate arbitration proceedings. A form for initiating
arbitration proceedings is available on the AAA's site at www.adr.org.
In addition to filing this form with the AAA in accordance with its
rules and procedures, the party initiating the arbitration must mail a
copy of the completed form to the opposing party. You may send a copy
to eBay at the following address: eBay, Inc. c/o CT Corporation
System, 1108 E South Union Ave., Midvale, UT 84047. In the event eBay
initiates an arbitration against you, it will send a copy of the
completed form to the physical address we have on file associated with
your eBay account. Any settlement offer made by you or eBay shall not
be disclosed to the arbitrator.

If you are a resident of the United States, then the arbitration
hearing shall be held in the county in which you reside or at another
mutually agreed location. If you are not a resident of the United
States, then the arbitration hearing will be held in Salt Lake County,
Utah, United States, or another mutually agreed location. Where no
disclosed claims or counterclaims exceed $25,000, the dispute shall be
resolved by the submission of documents only, subject to the
arbitrator's discretion to require an in-person hearing, if the
circumstances warrant. In cases where an in-person hearing is held,
you and/or eBay may attend by telephone, unless the arbitrator
requires otherwise. The language of the arbitration will be English.

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
arbitrator shall not be bound by rulings in prior arbitrations
involving different users, but is 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
judgment on the award rendered by the arbitrator may be entered in any
court having jurisdiction thereof.
Costs of Arbitration

Payment of all filing, administration and arbitrator fees will be
governed by the AAA's rules, unless otherwise stated in this Agreement
to Arbitrate. If you complied with the Notice of Dispute procedures of
Section 2 of this Agreement ("Arbitration Procedures") and the value
of the relief sought is $10,000 or less, at your request, eBay will
pay all administration and arbitrator fees associated with the
arbitration. Any request for payment of fees by eBay should be
submitted by mail to the AAA along with your Demand for Arbitration
and eBay will make arrangements to pay administration and arbitrator
fees directly to the AAA. In the event the arbitrator determines the
claim(s) you assert in the arbitration to be frivolous, you agree to
reimburse eBay for all fees associated with the arbitration paid by
eBay on your behalf that you otherwise would be obligated to pay under
the AAA's rules.
Severability

With the exception of any of the provisions in Section 1 of this
Agreement to Arbitrate ("Prohibition of Class and Representative
Actions and Non-Individualized Relief"), if an arbitrator or court
decides that any part of this Agreement to Arbitrate is invalid or
unenforceable, the other parts of this Agreement to Arbitrate shall
still apply.
Opt-Out Procedure

IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO REJECT
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 AFTER THE DATE YOU ACCEPT THE USER
AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO EBAY
INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 583 WEST EBAY
WAY, DRAPER, UT 84020.

For your convenience, we are providing an Opt-Out Notice form -
opens in new window or tab. You must complete and mail that to us in
order to opt out of the Agreement to Arbitrate. You must complete the
Opt-Out Notice form by providing the information called for in the
form, including your name, address (including street address, city,
state and zip code), and the user ID(s) and email address(es)
associated with the eBay Service account(s) to which the opt-out
applies. You must sign the Opt-Out Notice for it to be effective. This
procedure is the only way you can opt out of the Agreement to
Arbitrate. If you opt out of the Agreement to Arbitrate, all other
parts of this User Agreement and its Legal Disputes Section will
continue to apply to you. Opting out of this Agreement to Arbitrate
has no effect on any previous, other, or future arbitration agreements
that you may have with us.
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 that was filed in a legal proceeding 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 amendments to this Agreement to Arbitrate by posting the
amended terms on www.eBay.com at least 30 days before the effective
date of the amendments and by providing notice 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.

C. Judicial Forum for Legal Disputes

All claims or disputes that are not subject to the Agreement to
Arbitrate above is found not to apply to you or to a particular claim
or dispute, either as a result of your decision to opt out of the
Agreement to Arbitrate and all matters brought pursuant to and in aid
of the Agreement to Arbitrate will be resolved exclusively by a state
or federal court located in Salt Lake County, Utah. You and eBay agree
to submit to the personal jurisdiction of the courts located within
Salt Lake County, Utah for the purpose of litigating all such claims,
disputes, or matters.
19. 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 - opens in new window or tab.

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 polices 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, Content, Holds and Restricted Funds, Managed Payments,
Additional Terms, 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 - opens in new window or tab. 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.
Previous User Agreement
Was this article helpful for you?

You might also be interested in:

User Privacy Notice

In our User Privacy Notice we have compiled all essential
information about our handling of your personal data and your
corresponding rights for you.

This User Privacy Notice is effective from June 20, 2020. View the
previous User Privacy Notice.
35 min article
Cookies, web beacons, and similar technology ("Cookie Notice")

Your options at a glance:

All users: You can adjust the settings for the usage of
first-party cookies (and similar technologies) for marketing purposes
on the site AdChoice – eBay Advertising Preferences.

Users in the EEA: Users in the European Economic Area (EEA) can
also determine whether they consent to the use of cookies and similar
technologies for marketing purposes via the advertising preferences.
13 min article

Need more help?
Contact usGet the help you need from our automated assistant, or
contact an agent
Other options for you
Ask the Community - opens in new window or tab
Additional site navigation

About eBayAnnouncementsCommunitySecurity CenterResolution
CenterSeller CenterPoliciesAffiliatesHelp & ContactSite Map

Copyright © 1995-2021 eBay Inc. All Rights Reserved. Accessibility,
User Agreement, Privacy, Cookies, Do not sell my personal information
and AdChoice
Norton Secured - powered by DigiCert
Reply all
Reply to author
Forward
0 new messages