eBay User Agreement

In this article
Introduction
About eBay
Using eBay
Abusing eBay
Fees
Listing Conditions
Purchase Conditions
International Buying and Selling
Content
Notice for Claims of Intellectual Property Violations and Copyright
Infringement Pursuant to Section !"#c$ of %itle !& of the United States Code
'olds
Authori(ation to contact you
Additional terms
)eturns
*lobal Shipping Program
eBay Buyer Protection
+isclaimer of ,arranties- Limitation of Liability
)elease
Indemnity
Legal disputes
*eneral
Introduction
%his User Agreement. the eBay Pri/acy Policy. and all policies posted on our sites set out
the terms on 0hich eBay offers you access to and use of our sites. ser/ices. applications
and tools #collecti/ely 1Ser/ices1$2 3ou can find an o/er/ie0 of our policies here2 All
policies and the eBay Pri/acy Policy are incorporated into this User Agreement2 3ou
agree to comply 0ith all the abo/e 0hen accessing and using our Ser/ices2
%he entity you are contracting 0ith is eBay Inc2. "!4 'amilton A/e2. San 5ose. CA
6!" if you reside in the United States2 It is eBay 7urope S28 r2l2. ""9"4 Boule/ard
)oyal. L9"446 Lu:embourg if you reside in the 7uropean Union- eBay India Pri/ate
Limited. !4th Floor. North Bloc;. )9%ech Par;. ,estern 7:press 'igh0ay. *oregaon
#7ast$. <umbai 4===>?. <aharashtra if you reside in India- and eBay International A*.
'el/etiastrasse !@!&. ?==. Bern. S0it(erland if you reside in any other country2
%his User Agreement is effecti/e upon acceptance for users 0ho accept it through
registration of an eBay account or other electronic clic;9through prior to Actober ">.
"=!?2 For all other users. it is effecti/e Actober ">. "=!?2 %he pre/ious amendment to
this User Agreement 0as effecti/e for all users on or by 5uly !. "=!?2
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 e#ception" re$uire you
to submit claims you have against us to binding and final arbitration" unless you
opt%out of the Agreement to Arbitrate (see Legal Disputes" &ection ' ((Agreement
to Arbitrate(! Unless you opt%out) (* you will only be permitted to pursue claims
against us on an individual basis" not as a plaintiff or class member in any class or
representative action or proceeding and (+ you will only be permitted to see, relief
(including monetary" in-unctive" and declaratory relief on an individual basis!
About e'ay
eBay is a mar;etplace that allo0s users to offer. sell and buy Bust about anything in a
/ariety of pricing formats and locations2 As a mar;etplace. eBay does not o0n or sell the
items listed on this site. so the actual contract for sale is directly bet0een the sellers and
buyers2 eBay is not a traditional auctioneer2
,hile 0e may pro/ide pricing. shipping. and other guidance in our Ser/ices. such
guidance is solely informational and you may choose not to follo0 it2 Also. 0hile 0e
may help facilitate the resolution of disputes through /arious programs. eBay has no
control o/er and does not guarantee the e:istence. Cuality. safety or legality of items
ad/ertised- the truth or accuracy of usersD content or listings- the ability of sellers to sell
items- the ability of buyers to pay for items- or that a buyer or seller 0ill actually
complete a transaction or return an item2
Using e'ay
,hile using or accessing the Ser/ices you 0ill notE
post. list or upload content or items in inappropriate categories or areas on our
sites-
breach or circum/ent any la0s. third party rights or our systems. policies. or
determinations of your account status-
use our Ser/ices if you are not able to form legally binding contracts #for e:ample
if you are under !F$. or are temporarily or indefinitely suspended from using our
sites. ser/ices. applications or tools-
fail to pay for items purchased by you. unless the seller has materially changed
the itemDs description after you bid. a clear typographical error is made. or you
cannot contact the seller #see our Unpaid item policy$-
fail to deli/er items sold by you. unless the buyer fails to follo0 the posted terms.
or you cannot contact the buyer-
manipulate the price of any item or interfere 0ith other userDs listings-
post false. inaccurate. misleading. defamatory. or libelous content-
ta;e any action that may undermine the feedbac; or ratings systems #see about
our Feedbac; policies$-
transfer your eBay account #including Feedbac;$ and user I+ to another party
0ithout our consent-
distribute or post spam. unsolicited or bul; electronic communications. chain
letters. or pyramid schemes-
distribute /iruses or any other technologies that may harm eBay. or the interests
or property of eBay users-
use any robot. spider. scraper or other automated means to access our Ser/ices for
any purpose-
bypass our robot e:clusion headers. interfere 0ith the 0or;ing of our Ser/ices. or
impose an unreasonable or disproportionately large load on our infrastructure-
e:port or re9e:port any eBay application or tool e:cept in compliance 0ith the
e:port control la0s of any rele/ant Burisdictions and in accordance 0ith posted
rules and restrictions-
copy. modify. or distribute rights or content from our Ser/ices or eBayDs
copyrights and trademar;s-
copy. reproduce. re/erse engineer. modify. create deri/ati/e 0or;s from.
distribute. or publicly display any content #e:cept for your information$ from our
sites. ser/ices. applications. or tools 0ithout the prior e:press 0ritten permission
of eBay and the appropriate third party. as applicable-
commerciali(e any eBay application or any information or soft0are associated
0ith such application- or
har/est or other0ise collect information about users. including email addresses.
0ithout their consent2
,e may cancel unconfirmed accounts or accounts that ha/e been inacti/e for a long time
or modify or discontinue our Ser/ices2
Abusing e'ay
,ithout limiting other remedies. 0e may. limit. suspend. or terminate our ser/ices and
user accounts. restrict or prohibit access to. and your acti/ities on. our Ser/ices. delay or
remo/e hosted content. remo/e any special status associated 0ith the account. reduce or
eliminate any discounts. and ta;e technical and legal steps to ;eep you from using our
Ser/ices ifE
0e thin; that you are creating problems or possible legal liabilities-
0e thin; that such restrictions 0ill impro/e the security of the eBay community
or reduce our or another eBay userDs e:posure to financial liabilities
0e thin; that you are infringing the rights of third parties-
0e thin; that you are acting inconsistently 0ith the letter or spirit of this User
Agreement or our policies-
despite our reasonable endea/ors. 0e are unable to /erify or authenticate any
information you pro/ide to us- or
you fail to pay us all fees due for our Ser/ices by your payment due date2
,hen a buyer or seller issue arises 0e may consider the userDs performance history and
the specific circumstances in applying our policies2 ,e may choose to be more lenient
0ith policy enforcement and to do the right thing for both buyers and sellers2
.ees
%he fees 0e charge for using our Ser/ices are listed on our Seller fees and in/oices page2
,e may change our fees from time to time by posting the changes on the eBay site !4
days in ad/ance. but 0ith no ad/ance notice reCuired for temporary promotions2
3ou must ha/e a payment method on file 0hen selling on eBay and pay all fees and
applicable ta:es associated 0ith our Ser/ices by the payment due date2 If your payment
method fails or your account is past due. 0e may collect fees o0ed using other collection
mechanisms2 #%his includes charging other payment methods on file 0ith us. retaining
collection agencies and legal counsel. and. for accounts o/er !F= days past due.
deducting the amount o0ed from your PayPal account balance2$ In addition. you 0ill be
subBect to late fees2 eBay. or the collection agencies 0e 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 report2 If you
0ish to dispute the information eBay reported to a credit bureau #i2e2. 7:perian. 7Cuifa:
or %ransUnion$ please contact us at eBay Inc2. C@A *lobal Collections. ""!! North First
Street. San 5ose. CA 6!?!2 If you 0ish to dispute the information a collection agency
reported to a credit bureau regarding your eBay account. you must contact the collection
agency directly2
Listing /onditions
,hen listing an item. you agree to comply 0ith rules for listing and Selling Practices
policy and thatE
3ou are responsible for the accuracy and content of the listing and item offered2
3our listing may not be immediately searchable by ;ey0ord or category for
se/eral hours #or up to "4 hours in some circumstances$2 eBay canDt guarantee
e:act listing durations2
,e stri/e to create a mar;etplace 0here buyers find 0hat they are loo;ing for2
%herefore. the appearance or placement of listings in search and bro0se results
0ill depend on a /ariety of factors. including. but not limited toE
o buyerDs location. search Cuery. bro0sing site. and history-
o itemDs location. listing format. price and shipping cost. terms of ser/ice.
end time. history. and rele/ance to the user Cuery-
o sellerDs history. +etailed Seller )atings. and Feedbac;- and
o number of listings matching the buyerDs Cuery2
Accordingly. to dri/e a positi/e user e:perience. a listing may not appear
in some search and bro0se results regardless of the sort order chosen by
the buyer2
Some ad/anced listing upgrades 0ill only be /isible on certain Ser/ices2
eBayDs +uplicate Listing Policy may also affect 0hether your listing appears in
search results2
Purchase /onditions
,hen buying an item. you agree to the rules for buyers and thatE
3ou are responsible for reading the full item listing before ma;ing a bid or
commitment to buy2
3ou enter into a legally binding contract to purchase an item 0hen you commit to
buy an item or if you ha/e the 0inning bid #or your bid is other0ise accepted$2
For motor /ehicles and real estate. a bid or offer initiates a non9binding
transaction representing a buyerDs serious e:pression of interest in buying the
sellerDs item and does not create a formal contract bet0een the buyer and the
seller2
,e do not transfer legal o0nership of items from the seller to the buyer2
Utah Code Annotated G &=A9"94=!#"$ and Uniform Commercial Code G "94=!#"$
apply to the transfer of o0nership bet0een the buyer and the seller. unless the
buyer and the seller agree other0ise2
International 'uying and &elling
<any of our Ser/ices are accessible to international sellers and buyers2 ,e may offer
certain programs. tools. and site e:periences of particular interest to international sellers
and buyers. such as estimated local currency con/ersion and international shipping
calculation tools2 Sellers and buyers are responsible for complying 0ith all la0s and
regulations applicable to the international sale. purchase. and shipment of items2
3ou may list your items directly on one or more of eBayDs international sites2
Alternati/ely. 0e may display your listing on an eBay site other than the eBay site 0here
you listed your item for sale. including those situations 0here you choose to list an item
0ith an international shipping option #such as 0orld0ide shipping and the *lobal
Shipping Program$2 'o0e/er. you may restrict international buyers from purchasing your
items if you e:plicitly e:clude international shipping from your listings and apply an
e:clusion list to your listings2 If your item is sold to a buyer on an eBay site other than
your eBay site of registration. you agree to be subBect to that other siteDs policies and
eBayDs International Selling Policy2
%o assist users 0ho may spea; different languages. 0e may translate listings and other
user and@or eBay content. in 0hole or part. into other languages2 If you are a buyer. 0e
also may pro/ide you 0ith access to tools so you can reCuest an on9demand translation of
certain content on our sites. such as parts of a listing or a message from an eBay user2 %he
accuracy or a/ailability of the translation resulting from such on9demand translation is
not guaranteed2
/ontent
,hen pro/iding us 0ith content or posting content using eBayDs Ser/ices. you grant us a
non9e:clusi/e. 0orld0ide. perpetual. irre/ocable. royalty9free. sublicensable #through
multiple tiers$ right to e:ercise any and all copyright. publicity. trademar;s. database
rights and intellectual property rights you ha/e in the content. in any media ;no0n no0
or in the future2 Further. to the fullest e:tent permitted under applicable la0. you 0ai/e
your moral rights and promise not to assert such rights against us. our sublicensees or
assignees2
3ou represent and 0arrant that none of the follo0ing infringe any intellectual property
rightE your pro/ision of content to us. your posting of content using the Ser/ices. and our
use of such content #including of 0or;s deri/ed from it$ in connection 0ith the Ser/ices2
,e may offer catalogs of stoc; images. descriptions and product specifications that are
pro/ided by third9parties #including eBay users$2 3ou may use catalog content solely in
connection 0ith your eBay listings2
,hile 0e try to offer reliable data. 0e cannot promise that the catalogs 0ill al0ays be
accurate and up9to9date. and you agree that you 0ill not hold our catalog pro/iders or us
responsible for inaccuracies in the catalogues2 %he catalog may include copyrighted.
trademar;ed or other proprietary materials2 3ou agree not to remo/e any copyright.
proprietary or identification mar;ings included 0ithin the catalogs or create any
deri/ati/e 0or;s based on catalog content #other than by including them in your listings$2
0otice for /laims of Intellectual Property 1iolations and /opyright
Infringement Pursuant to &ection 2*+(c of 3itle *4 of the United
&tates /ode
,e respond to notices of alleged copyright infringement as reCuired by the United States
+igital <illennium Copyright Act2 Learn ho0 to submit a notice to eBay2
5olds
%o protect against the ris; of liability. eBay has at times reCuested. and may continue to
reCuest. that PayPal restrict access to funds in a sellerDs PayPal account based on certain
factors. including. but not limited to. selling history. seller performance. ris;iness of the
listing category. or the filing of an eBay Buyer Protection case2 %his may result in PayPal
determining to restrict funds in your PayPal account in order to manage PayPalDs ris;
e:posure pursuant to PayPal policies2
Authori6ation to /ontact 7ou
3ou agree to recei/e calls. including autodialed and@or pre9recorded message calls. from
eBay at any of the telephone numbers #including mobile telephone numbers$ that 0e ha/e
collected for you as authori(ed and described in our Pri/acy Policy. including telephone
numbers you ha/e pro/ided us. or that 0e ha/e obtained from third parties or collected
by our o0n efforts2 If the telephone number that 0e ha/e collected is a mobile telephone
number. you consent to recei/e S<S or other te:t messages at that number2 Standard
telephone minute and te:t charges may apply if 0e contact you at a mobile number or
de/ice2 3ou agree 0e may contact you in the manner described abo/e at the telephone
numbers 0e ha/e in our records for these purposesE
%o contact you for reasons relating to your account or your use of our Ser/ices
#such as to collect a debt. resol/e a dispute. or to other0ise enforce our User
Agreement$ or as authori(ed by applicable la0
%o contact you for mar;eting. promotional. or other reasons that you ha/e either
pre/iously consented to or that you may be as;ed to consent to in the future2 If
you do not 0ish to recei/e such communications. you can opt9out in the
communications preference section of your <y eBay2
,e may share your telephone numbers 0ith our ser/ice pro/iders #such as billing or
collections companies$ 0ho 0e ha/e contracted 0ith to assist us in pursuing our rights or
performing our obligations under the User Agreement. our policies. or any other
agreement 0e may ha/e 0ith you2 %hese ser/ice pro/iders may also contact you using
autodialed or prerecorded messages calls and@or S<S or other te:t messages. only as
authori(ed by us to carry out the purposes 0e ha/e identified abo/e. and not for their o0n
purposes2
,e 0ill not share your telephone number 0ith non9affiliated third parties for their
purposes 0ithout your e:plicit consent. but may share your telephone numbers 0ith
members of the eBay corporate family and@or our affiliates. for their use. as authori(ed
under our Pri/acy Policy2 <embers of the eBay corporate family and@or our affiliates 0ill
only contact you using autodialed or prerecorded message calls and@or S<S or other te:t
messages. if you ha/e reCuested their ser/ices2 For more information on the eBay
corporate family. please /isit httpE@@0002ebaypri/acycenter2com@about9us@corporate9
family2
Additional 3erms
8eturns
eBay offers a managed returns process to simplify returns for buyers and sellers2
,ith the eBay returns process. a seller accepting returns can manage and trac; the
return through an automated process on the site2 %here is no fee to use the eBay
returns process2 If the buyer returns an item because it does not match the listing
description. sellers 0ill generally be responsible for return shipping costs2 eBay
may automatically apply the eBay returns process to listings 0here returns are
accepted2 Sellers may remo/e the eBay returns process from their listings by
adBusting their account settings 0ithin <y eBay2 See Using the managed returns
process for more details2
9lobal &hipping Program
Ane of the 0ays that 0e may ma;e your eBay2com listings a/ailable to
international buyers on eBay2com and on eBayDs International Sites is through the
*lobal Shipping Program2 %he *lobal Shipping Program is designed to simplify
international buying and selling on eBay2 For items that are located in the United
States and that you sell to an international buyer through the *lobal Shipping
Program. you 0ill simply ship the item to a parcel processing facility located in
the United States2 %here. a third party global technology and shipping pro/ider
0ill o/ersee the processing. customs clearance. and international shipment of the
item to your buyer2 As a seller. there is no fee to Boin the *lobal Shipping
Program2 For items that are purchased by international buyers through the *lobal
Shipping Program. buyers 0ill pre9pay all applicable shipping and import charges
during chec;out and 0ill benefit from international trac;ing of the item from the
parcel processing facility through deli/ery2
,e may choose to ma;e your listings a/ailable to international buyers through the
*lobal Shipping Program if you indicate or ha/e indicated your desire to ta;e
ad/antage of this program by accepting this User Agreement in the form of an
electronic clic;9through or if you other0ise opt9in or ha/e opted9in2 If you are not
currently opted in to this program and you do not accept the electronic clic;9
through. you 0ill not be able to ta;e ad/antage of the *lobal Shipping Program.
but you 0ill still be bound by all other pro/isions of this User Agreement2
By accepting. you 0ill also be ac;no0ledging that you ha/e read and agree to the
*lobal Shipping Program Seller %erms and Conditions2 %hose terms 0ill apply to
your participation as a seller in the *lobal Shipping Program and to all of your
eligible ne0 and e:isting listings follo0ing acceptance2 %hose terms include.
among other important pro/isionsE
o a third party agreement for the processing. customs. and international
shipping ser/ices. including your consent to the disclosure of certain
personal information in connection 0ith those ser/ices.
o a po0er of attorney authori(ing third parties to act in your place to
facilitate the e:port clearance of items that you sell through the *lobal
Shipping Program.
o a description of the items that are ineligible for the program and
restrictions on the /alue. 0eights. and dimensions of items that may be
sold through the program. and
o policies go/erning the handling of lost. damaged. and undeli/erable items.
returns. and the resolution of buyer protection claims for items that you
sell through the program2
Follo0ing acceptance. you may later opt out of the program by adBusting your
account settings 0ithin <y eBay2
e'ay 'uyer Protection
<ost eBay sales go smoothly. but if thereDs a problem 0ith a purchase. eBay
Buyer Protection helps buyers and sellers communicate and resol/e issues2
Buyers and sellers agree to comply 0ith the policy and permit us to ma;e a final
decision on any eBay Buyer Protection case2
If a seller is reCuired to reimburse the buyer or eBay for an eBay Buyer Protection
case. the seller authori(es eBay to remo/e the reimbursement amount #in same or
other currency$ from their PayPal account2 %he seller is reCuired to ha/e a /alid
payment method on file2 If there are insufficient funds in the PayPal account. the
seller authori(es eBay to charge any reimbursement amount o0ed to the payment
method on file2 ,e may also place the reimbursement amount on the sellerDs
in/oice2 If seller does not pro/ide eBay 0ith a /alid payment method. 0e may
collect the outstanding sums using other collection mechanisms. including
retaining collection agencies2
,e may suspend the eBay Buyer Protection policy 0ithout notice if 0e suspect
abuse or interference 0ith the proper 0or;ing of the policy2
Disclaimer of Warranties; Limitation of Liability
,e try to ;eep our Ser/ices safe. secure. and functioning properly. but 0e cannot
guarantee the continuous operation of or access to our Ser/ices2 Bid update and other
notification functionality in eBayDs applications may not occur in real time2 Such
functionality is subBect to delays beyond eBayDs control2
3ou agree that you are ma;ing use of our Ser/ices at your o0n ris;. and that they are
being pro/ided to you on an 1AS IS1 and 1AS AVAILABL71 basis2 Accordingly. to the
e:tent permitted by applicable la0. 0e e:clude all e:press or implied 0arranties. terms
and conditions including. but not limited to. implied 0arranties of merchantability. fitness
for a particular purpose. and non9infringement2
In addition. to the e:tent permitted by applicable la0. 0e #including our parent.
subsidiaries. affiliates. officers. directors. agents and employees$ are not liable. and you
agree not to hold eBay responsible. for any damages or losses #including. but not limited
to. loss of money. good0ill or reputation. profits. or other intangible losses or any
special. indirect. or conseCuential damages$ resulting directly or indirectly fromE
your use of or your inability to use our Ser/ices-
pricing. shipping or other guidance pro/ided by eBay-
delays or disruptions in our Ser/ices-
/iruses or other malicious soft0are obtained by accessing. or lin;ing to. our
Ser/ices-
glitches. bugs. errors. or inaccuracies of any ;ind in our Ser/ices-
damage to your hard0are de/ice from the use of any eBay Ser/ice-
the content. actions. or inactions of third parties. including items listed using our
Ser/ices or the destruction of allegedly fa;e items-
a suspension or other action ta;en 0ith respect to your account or breach of the
Abusing eBay section abo/e-
the duration or manner in 0hich your listings appear in search results as set out in
the Listing Conditions section abo/e- or
your need to modify practices. content. or beha/ior or your loss of or inability to
do business. as a result of changes to this User Agreement or our policies2
Some Burisdictions do not allo0 the disclaimer of 0arranties or e:clusion of damages. so
such disclaimers and e:clusions may not apply to you2
)egardless of the pre/ious paragraphs. if 0e 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 Buyer
Protection Policy up to the price the item sold for on eBay #including any applicable sales
ta:$ and its original shipping costs. #b$ the amount of fees in dispute not to e:ceed the
total fees. 0hich you paid to us in the !" months prior to the action gi/ing rise to the
liability. or #c$ H!==2
8elease
If you ha/e a dispute 0ith one or more users. you release us #and our affiliates and
subsidiaries. and our and their respecti/e officers. directors. employees and agents$ from
claims. demands and damages #actual and conseCuential$ of e/ery ;ind and nature.
;no0n and un;no0n. arising out of or in any 0ay connected 0ith such disputes2 In
entering into this release you e#pressly waive any protections (whether statutory or
otherwise that would otherwise limit the coverage of this release to include only
those claims which you may ,now or suspect to e#ist in your favor at the time of
agreeing to this release!
Indemnity
3ou 0ill indemnify and hold us #and our affiliates and subsidiaries. and our and their
respecti/e 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 this Agreement. your improper use of eBayDs Ser/ices or your breach of any la0
or the rights of a third party2
Legal Disputes
7ou and e'ay agree that any claim or dispute at law or e$uity that has arisen or
may arise between us relating in any way to or arising out of this or previous
versions of the e'ay User Agreement your use of or access to e'ay:s sites" services"
applications" and tools" or any products or services sold or purchased through
e'ay:s sites" services" applications" or tools will be resolved in accordance with the
provisions set forth in this Legal Disputes &ection! Please read this &ection carefully!
It affects your rights and will have a substantial impact on how claims you and we
have against each other are resolved!
A! Applicable Law
3ou agree that the la0s of the State of Utah. 0ithout regard to principles of conflict of
la0s. 0ill go/ern the User Agreement and any claim or dispute that has arisen or may
arise bet0een you and eBay. e:cept as other0ise stated in the User Agreement2
'! Agreement to Arbitrate
7ou and e'ay each agree that any and all disputes or claims that have arisen or may
arise between you and e'ay relating in any way to or arising out of this or previous
versions of the User Agreement" your use of or access to e'ay:s &ervices" or any
products or services sold" offered" or purchased through e'ay:s &ervices shall be
resolved e#clusively through final and binding arbitration" rather than in court"
e#cept that you may assert claims in small claims court" if your claims $ualify! %he
Federal Arbitration Act go/erns the interpretation and enforcement of this Agreement to
Arbitrate2
*! Prohibition of /lass and 8epresentative Actions and 0on%Individuali6ed
8elief
7;U A0D <'A7 A98<< 35A3 <A/5 ;. U& =A7 '8I09 /LAI=&
A9AI0&3 35< ;35<8 ;0L7 ;0 A0 I0DI1IDUAL 'A&I& A0D 0;3
A& A PLAI03I.. ;8 /LA&& =<='<8 I0 A07 PU8P;83<D /LA&&
;8 8<P8<&<03A3I1< A/3I;0 ;8 P8;/<<DI09! U0L<&& ';35
7;U A0D <'A7 A98<< ;35<8WI&<" 35< A8'I38A3;8 =A7 0;3
/;0&;LIDA3< ;8 >;I0 =;8< 35A0 ;0< P<8&;0:& ;8 PA837:&
/LAI=&" A0D =A7 0;3 ;35<8WI&< P8<&ID< ;1<8 A07 .;8=
;. A /;0&;LIDA3<D" 8<P8<&<03A3I1<" ;8 /LA&&
P8;/<<DI09! AL&;" 35< A8'I38A3;8 =A7 AWA8D 8<LI<.
(I0/LUDI09 =;0<3A87" I0>U0/3I1<" A0D D</LA8A3;87
8<LI<. ;0L7 I0 .A1;8 ;. 35< I0DI1IDUAL PA837 &<<?I09
8<LI<. A0D ;0L7 3; 35< <@3<03 0</<&&A87 3; P8;1ID<
8<LI<. 0</<&&I3A3<D '7 35A3 PA837:& I0DI1IDUAL /LAI=(&!
A07 8<LI<. AWA8D<D /A00;3 A..</3 ;35<8 <'A7 U&<8&!
+! Arbitration Procedures
Arbitration is more informal than a la0suit in court2 Arbitration uses a neutral
arbitrator instead of a Budge or Bury. and court re/ie0 of an arbitration a0ard is
/ery limited2 'o0e/er. an arbitrator can a0ard the same damages and relief on an
indi/idual basis that a court can a0ard to an indi/idual2 An arbitrator should apply
the terms of the User Agreement as a court 0ould2

%he arbitrator. and not any federal. state. or local court or agency. shall ha/e
e:clusi/e authority to resol/e any dispute arising out of or relating to the
interpretation. applicability. enforceability or formation of this Agreement to
Arbitrate. any part of it. or of the User Agreement including. but not limited to.
any claim that all or any part of the Agreement to Arbitrate or User Agreement is
/oid or /oidable2

%he arbitration 0ill be conducted by the American Arbitration Association
#1AAA1$ under its rules and procedures. including the AAADs Supplementary
Procedures for Consumer9)elated +isputes #as applicable$. as modified by this
Agreement to Arbitrate2 %he AAADs rules are a/ailable at 0002adr2org2 A form
for initiating arbitration proceedings is a/ailable on the AAADs site at
httpE@@0002adr2org2 In addition to filing this form 0ith the AAA in accordance
0ith its rules and procedures. you must send a copy of the completed form to us at
the follo0ing address to initiate arbitration proceedingsE eBay. Inc2 c@o National
)egistered Agents. Inc2. "&&F ,2 Shady Bend Lane. Lehi. U% F4=4?2

%he arbitration shall be held in the county in 0hich you reside or at another
mutually agreed location2 If the /alue of the relief sought is H!=.=== or less. you
or eBay may elect to ha/e the arbitration conducted by telephone or based solely
on 0ritten submissions. 0hich election shall be binding on you and eBay subBect
to the arbitratorDs discretion to reCuire an in9person hearing. if the circumstances
0arrant2 Attendance at an in9person hearing may be made by telephone by you
and@or eBay. unless the arbitrator reCuires other0ise2

%he arbitrator 0ill decide the substance of all claims in accordance 0ith the la0s
of the State of Utah. including recogni(ed principles of eCuity. and 0ill honor all
claims of pri/ilege recogni(ed by la02 %he arbitrator shall not be bound by rulings
in prior arbitrations in/ol/ing different eBay users. but is bound by rulings in
prior arbitrations in/ol/ing the same eBay user to the e:tent reCuired by
applicable la02 %he arbitratorDs a0ard shall be final and binding and Budgment on
the a0ard rendered by the arbitrator may be entered in any court ha/ing
Burisdiction thereof2
A! /osts of Arbitration
Payment of all filing. administration and arbitrator fees 0ill be go/erned by the
AAADs rules. unless other0ise stated in this Agreement to Arbitrate2 If the /alue
of the relief sought is H!=.=== or less. at your reCuest. eBay 0ill pay all filing.
administration. and arbitrator fees associated 0ith the arbitration2 Any reCuest for
payment of fees by eBay should be submitted by mail to the AAA along 0ith
your +emand for Arbitration and eBay 0ill ma;e arrangements to pay all
necessary fees directly to the AAA2 If the /alue of the relief sought is more than
H!=.=== and you are able to demonstrate that the costs of arbitration 0ill be
prohibiti/e as compared to the costs of litigation. eBay 0ill pay as much of the
filing. administration. and arbitrator fees as the arbitrator deems necessary to
pre/ent the arbitration from being cost9prohibiti/e2 In the e/ent the arbitrator
determines the claim#s$ you assert in the arbitration to be fri/olous. you agree to
reimburse eBay for all fees associated 0ith the arbitration paid by eBay on your
behalf. 0hich you other0ise 0ould be obligated to pay under the AAADs rules2
B! &everability
,ith the e:ception of any of the pro/isions in Section ! of this Agreement to
Arbitrate #1Prohibition of Class and )epresentati/e Actions and Non9
Indi/iduali(ed )elief1$. if an arbitrator or court decides that any part of this
Agreement to Arbitrate is in/alid or unenforceable. the other parts of this
Agreement to Arbitrate shall still apply2 If an arbitrator or court decides that any
of the pro/isions in Section ! of this Agreement to Arbitrate #1Prohibition of
Class and )epresentati/e Actions and Non9Indi/iduali(ed )elief1$ is in/alid or
unenforceable. then the entirety of this Agreement to Arbitrate shall be null and
/oid2 %he remainder of the Agreement and its Legal +isputes Section 0ill
continue to apply2
2! ;pt%;ut Procedure
I. 7;U A8< A 0<W <'A7 U&<8" 7;U /A0 /5;;&< 3; 8<></3
35I& A98<<=<03 3; A8'I38A3< ((;P3%;U3( '7 =AILI09 U& A
W8I33<0 ;P3%;U3 0;3I/< ((;P3%;U3 0;3I/<(! 35< ;P3%;U3
0;3I/< =U&3 '< P;&3=A8?<D 0; LA3<8 35A0 AC DA7& A.3<8
35< DA3< 7;U A//<P3 35< U&<8 A98<<=<03 .;8 35< .I8&3
3I=<! 7;U =U&3 =AIL 35< ;P3%;U3 0;3I/< 3; <'A7 I0/!"
A330) LI3I9A3I;0 D<PA83=<03" 8<) ;P3%;U3 0;3I/<" 2DA
W<&3 <'A7 WA7" D8AP<8" U3 DBC+C!
For your con/enience. 0e are pro/iding an Apt9Aut Notice form you must
complete and mail to opt out of the Agreement to Arbitrate2 3ou must complete
the Apt Aut Notice form by pro/iding the information called for in the form.
including your name. address #including street address. city. state and (ip code$.
and the user I+#s$ and email address#es$ associated 0ith the eBay account#s$ to
0hich the opt9out applies2 3ou must sign the Apt9Aut Notice for it to be effecti/e2
%his procedure is the only 0ay you can opt9out of the Agreement to Arbitrate2 If
you opt9out of the Agreement to Arbitrate. all other parts of the Agreement and its
Legal +isputes Section 0ill continue to apply to you2 Apting out of this
Agreement to Arbitrate has no effect on any pre/ious. other. or future arbitration
agreements that you may ha/e 0ith us2
E! .uture /hanges to the Agreement to Arbitrate
Not0ithstanding any pro/ision in the Agreement to the contrary. you and 0e
agree that if 0e ma;e any change to this Agreement to Arbitrate #other than a
change to any notice address or site lin; pro/ided herein$ in the future. that
change shall not apply to any claim that 0as filed in a legal proceeding against
eBay prior to the effecti/e date of the change2 %he change shall apply to all other
disputes or claims go/erned by the Agreement to Arbitrate that ha/e arisen or
may arise bet0een you and eBay2 ,e 0ill notify you of changes to this
Agreement to Arbitrate by posting the amended terms on 0002ebay2com at least
?= days before the effecti/e date of the changes and by pro/iding notice through
the eBay <essage Center and@or by email2 If you do not agree to these amended
terms. you may close your account 0ithin the ?= day period and you 0ill not be
bound by the ne0 terms2

<oreo/er. if 0e see; to terminate the Agreement to Arbitrate as included in the
User Agreement. any such termination shall not be effecti/e until ?= days after
the /ersion of the User Agreement not containing the Agreement to Arbitrate is
posted to httpE@@0002ebay2com. and shall not be effecti/e as to any claim that 0as
filed in a legal proceeding against eBay prior to the effecti/e date of termination2
/! >udicial .orum for Legal Disputes
Unless you and 0e agree other0ise. in the e/ent that the Agreement to Arbitrate abo/e is
found not to apply to you or to a particular claim or dispute. either as a result of your
decision to opt9out 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 that has arisen or may arise
bet0een you and eBay must be resol/ed e:clusi/ely by a state or federal court located in
Salt La;e County. Utah2 3ou and eBay agree to submit to the personal Burisdiction of the
courts located 0ithin Salt La;e County. Utah for the purpose of litigating all such claims
or disputes2
9eneral
eBay Inc2 is located at "!4 'amilton A/e2. San 5ose. CA 6!"2 eBay Inc2Ds North
American Customer Ser/ice Aperations Center is located at F? ,est eBay ,ay. +raper.
U% F4="=2 eBay 7urope S28 r2l2 is located at ""9"4 Boule/ard )oyal. L9"446
Lu:embourg2 eBay International A* is located at 'el/etiastrasse !@!&. ?==. Bern.
S0it(erland2 eBay India Pri/ate Limited is located at !4th Floor. North Bloc;. )9%ech
Par;. ,estern 7:press 'igh0ay. *oregaon #7ast$. <umbai 4===>?. <aharashtra #India$2
If any pro/ision of this User Agreement is held to be in/alid. /oid or for any reason
unenforceable. such pro/ision shall be struc; out and shall not affect the /alidity and
enforceability of the remaining pro/isions2 In our sole discretion. 0e may assign this
User Agreement. by pro/iding notice of such assignment in accordance 0ith the Notices
Section2
'eadings are for reference purposes only and do not limit the scope or e:tent of such
section2 Aur failure to act 0ith respect to a breach by you or others does not 0ai/e our
right to act 0ith respect to subseCuent or similar breaches2 ,e do not guarantee 0e 0ill
ta;e action against all breaches of this User Agreement2
,e may amend this User Agreement at any time by posting the amended terms on
0002ebay2com2 Aur right to amend the User Agreement includes the right to modify.
add to. or remo/e terms in the User Agreement2 7:cept as stated other0ise in this User
Agreement or else0here. all amended terms shall automatically be effecti/e ?= days after
they are initially posted2 Additionally. 0e 0ill notify you through the eBay <essage
Center and@or by email2 ,e may also as; you to ac;no0ledge your acceptance of the
User Agreement through an electronic clic;9through2 %his User Agreement may not
other0ise be amended e:cept through mutual agreement by you and an eBay
representati/e 0ho intends to amend this User Agreement and is duly authori(ed to agree
to such an amendment2
%he policies posted on our sites may be changed from time to time2 Changes ta;e effect
0hen 0e post them on the eBay site2
No agency. partnership. Boint /enture. employee9employer or franchiser9franchisee
relationship is intended or created by this User Agreement2
eBayDs Verified )ights A0ner #Ve)A$ program 0or;s to ensure that listed items do not
infringe upon the copyright. trademar; or other intellectual property rights of third
parties2 If you belie/e that your intellectual property rights ha/e been infringed. please
notify our Ve)A team through our Verified )ights A0ner #Ve)A$ Program and 0e 0ill
in/estigate2
%he User Agreement. the eBay Pri/acy Policy. and all polices set forth the entire
understanding and agreement bet0een you and eBay and supersede all prior
understandings and agreements of the parties2
%he follo0ing Sections sur/i/e any termination of this User AgreementE Fees. Content.
+isclaimer of ,arranties- Limitation of Liability- Indemnity. and Legal +isputes2
If you are a California resident. in accordance 0ith Cal2 Ci/2 Code G!&F62?. you may
report complaints to the Complaint Assistance Unit of the +i/ision of Consumer Ser/ices
of the California +epartment of Consumer Affairs by contacting them in 0riting at 4== )
Street. Sacramento. CA 6F!4. or by telephone at #F==$ 6"9"!=2