EBay User Agreement

8/12/2019 EBay User Agreement

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eBay User Agreement

In this articleIntroductionAbout eBay

Using eBayAbusing eBayFeesListing ConditionsPurchase ConditionsInternational Buying and SellingContentNotice for Claims of Intellectual Property Violations and CopyrightInfringement Pursuant to Section !"#c$ of %itle !& of the United States Code'oldsAuthori(ation to contact you

Additional terms

)eturns

*lobal Shipping Program

eBay Buyer Protection

+isclaimer of ,arranties- Limitation of Liability)eleaseIndemnityLegal disputes

*eneral

Introduction

%his User Agreement. the eBay Pri/acy Policy. and all policies posted on our sites set outthe terms on 0hich eBay offers you access to and use of our sites. ser/ices. applicationsand tools #collecti/ely 1Ser/ices1$2 3ou can find an o/er/ie0 of our policies here2 Allpolicies and the eBay Pri/acy Policy are incorporated into this User Agreement2 3ouagree 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/ateLimited. !4th Floor. North Bloc;. )9%ech Par;. ,estern 7:press 'igh0ay. *oregaon#7ast$. ?.


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"=!?2 For all other users. it is effecti/e ctober ">. "=!?2 %he pre/ious amendment tothis 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 alsocontains 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 ust about anything in a/ariety of pricing formats and locations2 As a mar;etplace. eBay does not o0n or sell theitems listed on this site. so the actual contract for sale is directly bet0een the sellers andbuyers2 eBay is not a traditional auctioneer2

,hile 0e may pro/ide pricing. shipping. and other guidance in our Ser/ices. suchguidance is solely informational and you may choose not to follo0 it2 Also. 0hile 0emay help facilitate the resolution of disputes through /arious programs. eBay has nocontrol o/er and does not guarantee the e:istence. uality. safety or legality of itemsad/ertised- the truth or accuracy of usersD content or listings- the ability of sellers to sellitems- 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:ampleif you are under !$. or are temporarily or indefinitely suspended from using oursites. ser/ices. applications or tools-

fail to pay for items purchased by you. unless the seller has materially changedthe itemDs description after you bid. a clear typographical error is made. or youcannot contact the seller #see ourUnpaid item policy$-
http://pages.ebay.com/help/policies/unpaid-item.htmlhttp://pages.ebay.com/help/policies/unpaid-item.htmlhttp://pages.ebay.com/help/policies/unpaid-item.html


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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 aboutour 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 interestsor 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 urisdictions 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 oursites. ser/ices. applications. or tools 0ithout the prior e:press 0ritten permissionof 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 timeor modify or discontinue our Ser/ices2
http://pages.ebay.com/help/policies/feedback-ov.htmlhttp://pages.ebay.com/help/policies/feedback-ov.htmlhttp://pages.ebay.com/help/policies/feedback-ov.htmlhttp://pages.ebay.com/help/policies/feedback-ov.html


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Abusing e'ay

,ithout limiting other remedies. 0e may. limit. suspend. or terminate our ser/ices anduser accounts. restrict or prohibit access to. and your acti/ities on. our Ser/ices. delay orremo/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 ourSer/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 andthe specific circumstances in applying our policies2 ,e may choose to be more lenient0ith 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 !4days in ad/ance. but 0ith no ad/ance notice reuired for temporary promotions2

3ou must ha/e a payment method on file 0hen selling on eBay and pay all fees andapplicable ta:es associated 0ith our Ser/ices by the payment due date2 If your paymentmethod fails or your account is past due. 0e may collect fees o0ed using other collectionmechanisms2 #%his includes charging other payment methods on file 0ith us. retainingcollection agencies and legal counsel. and. for accounts o/er != days past due.deducting the amount o0ed from your PayPal account balance2$ In addition. you 0ill be

subect to late fees2 eBay. or the collection agencies 0e retain. may also reportinformation about your account to credit bureaus. and as a result. late payments. missedpayments. or other defaults on your account may be reflected in your credit report2 If you0ish to dispute the information eBay reported to a credit bureau #i2e2. 7:perian. 7uifa:or %ransUnion$ please contact us at eBay Inc2. C@ *lobal Collections. ""!! North FirstStreet. San 5ose. CA 6!?!2 If you 0ish to dispute the information a collection agencyreported to a credit bureau regarding your eBay account. you must contact the collectionagency directly2
http://pages.ebay.com/help/sell/seller-fees.htmlhttp://pages.ebay.com/help/sell/payment-due-date.html#requirementshttp://pages.ebay.com/help/sell/seller-fees.htmlhttp://pages.ebay.com/help/sell/payment-due-date.html#requirements


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Listing /onditions

,hen listing an item. you agree to comply 0ith rules for listingand Selling Practicespolicyand 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 guaranteee: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 results0ill depend on a /ariety of factors. including. but not limited toE

o buyerDs location. search uery. 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 uery-

o sellerDs history. +etailed Seller )atings. and Feedbac;- and

o number of listings matching the buyerDs uery2

Accordingly. to dri/e a positi/e user e:perience. a listing may not appearin some search and bro0se results regardless of the sort order chosen bythe buyer2

Some ad/anced listing upgrades 0ill only be /isible on certain Ser/ices2

eBayDs+uplicate Listing Policymay also affect 0hether your listing appears in

search results2

Purchase /onditions

,hen buying an item. you agree to therules for buyersand 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 thesellerDs item and does not create a formal contract bet0een the buyer and theseller2
http://pages.ebay.com/help/policies/listing-ov.htmlhttp://pages.ebay.com/help/policies/listing-ov.htmlhttp://pages.ebay.com/help/policies/selling-practices.htmlhttp://pages.ebay.com/help/policies/selling-practices.htmlhttp://pages.ebay.com/help/policies/listing-multi.htmlhttp://pages.ebay.com/help/policies/listing-multi.htmlhttp://pages.ebay.com/help/policies/buyer-rules-overview.htmlhttp://pages.ebay.com/help/policies/buyer-rules-overview.htmlhttp://pages.ebay.com/help/policies/listing-ov.htmlhttp://pages.ebay.com/help/policies/selling-practices.htmlhttp://pages.ebay.com/help/policies/selling-practices.htmlhttp://pages.ebay.com/help/policies/listing-multi.htmlhttp://pages.ebay.com/help/policies/buyer-rules-overview.html


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,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 thebuyer and the seller agree other0ise2

International 'uying and &elling


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,e may offer catalogs of stoc; images. descriptions and product specifications that arepro/ided by third9parties #including eBay users$2 3ou may use catalog content solely inconnection 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 usresponsible 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 anyderi/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 reuired by the United States

+igital


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you do not 0ish to recei/e such communications. you can opt9out in thecommunications preference section of your


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item to your buyer2 As a seller. there is no fee to oin the *lobal ShippingProgram2 For items that are purchased by international buyers through the *lobalShipping Program. buyers 0ill pre9pay all applicable shipping and import chargesduring chec;out and 0ill benefit from international trac;ing of the item from theparcel 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;ead/antage of this program by accepting this User Agreement in the form of anelectronic clic;9through or if you other0ise opt9in or ha/e opted9in2 If you are notcurrently opted in to this program and you do not accept the electronic clic;9through. 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 toyour participation as a seller in the *lobal Shipping Program and to all of youreligible 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 certainpersonal 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 besold 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 yousell through the program2

Follo0ing acceptance. you may later opt out of the program by adusting youraccount settings 0ithin


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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 theAbusing 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 urisdictions do not allo0 the disclaimer of 0arranties or e:clusion of damages. sosuch 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 orto any third party is limited to the greater of #a$ any amounts due under the eBay BuyerProtection Policy up to the price the item sold for on eBay #including any applicable salesta:$ and its original shipping costs. #b$ the amount of fees in dispute not to e:ceed thetotal fees. 0hich you paid to us in the !" months prior to the action gi/ing rise to theliability. or #c$ H!==2

8elease

If you ha/e a dispute 0ith one or more users. you release us #and our affiliates andsubsidiaries. and our and their respecti/e officers. directors. employees and agents$ fromclaims. demands and damages #actual and conseuential$ of e/ery ;ind and nature.;no0n and un;no0n. arising out of or in any 0ay connected 0ith such disputes2 Inentering 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 theirrespecti/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 yourbreach this Agreement. your improper use of eBayDs Ser/ices or your breach of any la0or the rights of a third party2

Legal Disputes


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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 wehave against each other are resolved!

A! Applicable Law

3ou agree that the la0s of the State of Utah. 0ithout regard to principles of conflict ofla0s. 0ill go/ern the User Agreement and any claim or dispute that has arisen or mayarise 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! %heFederal Arbitration Act go/erns the interpretation and enforcement of this Agreement toArbitrate2

*! Prohibition of /lass and 8epresentative Actions and 0on%Individuali6ed

8elief

7U A0D


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Arbitration is more informal than a la0suit in court2 Arbitration uses a neutralarbitrator instead of a udge or ury. and court re/ie0 of an arbitration a0ard is/ery limited2 'o0e/er. an arbitrator can a0ard the same damages and relief on anindi/idual basis that a court can a0ard to an indi/idual2 An arbitrator should applythe terms of the User Agreement as a court 0ould2

%he arbitrator. and not any federal. state. or local court or agency. shall ha/ee:clusi/e authority to resol/e any dispute arising out of or relating to theinterpretation. applicability. enforceability or formation of this Agreement toArbitrate. 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 SupplementaryProcedures for Consumer9)elated +isputes #as applicable$. as modified by thisAgreement to Arbitrate2 %he AAADs rules are a/ailable at 0002adr2org2 A formfor initiating arbitration proceedings is a/ailable on the AAADs site athttpE@@0002adr2org2 In addition to filing this form 0ith the AAA in accordance0ith its rules and procedures. you must send a copy of the completed form to us atthe follo0ing address to initiate arbitration proceedingsE eBay. Inc2 c@o National)egistered Agents. Inc2. "&& ,2 Shady Bend Lane. Lehi. U% 4=4?2

%he arbitration shall be held in the county in 0hich you reside or at anothermutually agreed location2 If the /alue of the relief sought is H!=.=== or less. youor eBay may elect to ha/e the arbitration conducted by telephone or based solelyon 0ritten submissions. 0hich election shall be binding on you and eBay subectto the arbitratorDs discretion to reuire an in9person hearing. if the circumstances0arrant2 Attendance at an in9person hearing may be made by telephone by youand@or eBay. unless the arbitrator reuires other0ise2

%he arbitrator 0ill decide the substance of all claims in accordance 0ith the la0sof the State of Utah. including recogni(ed principles of euity. and 0ill honor allclaims of pri/ilege recogni(ed by la02 %he arbitrator shall not be bound by rulingsin prior arbitrations in/ol/ing different eBay users. but is bound by rulings inprior arbitrations in/ol/ing the same eBay user to the e:tent reuired byapplicable la02 %he arbitratorDs a0ard shall be final and binding and udgment on
http://www.adr.org/http://www.adr.org/


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the a0ard rendered by the arbitrator may be entered in any court ha/ingurisdiction thereof2

! /osts of Arbitration

Payment of all filing. administration and arbitrator fees 0ill be go/erned by theAAADs rules. unless other0ise stated in this Agreement to Arbitrate2 If the /alueof the relief sought is H!=.=== or less. at your reuest. eBay 0ill pay all filing.administration. and arbitrator fees associated 0ith the arbitration2 Any reuest forpayment of fees by eBay should be submitted by mail to the AAA along 0ithyour +emand for Arbitration and eBay 0ill ma;e arrangements to pay allnecessary fees directly to the AAA2 If the /alue of the relief sought is more thanH!=.=== and you are able to demonstrate that the costs of arbitration 0ill beprohibiti/e as compared to the costs of litigation. eBay 0ill pay as much of thefiling. administration. and arbitrator fees as the arbitrator deems necessary topre/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 toreimburse eBay for all fees associated 0ith the arbitration paid by eBay on yourbehalf. 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 toArbitrate #1Prohibition of Class and )epresentati/e Actions and Non9Indi/iduali(ed )elief1$. if an arbitrator or court decides that any part of thisAgreement to Arbitrate is in/alid or unenforceable. the other parts of thisAgreement 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 ofClass and )epresentati/e Actions and Non9Indi/iduali(ed )elief1$ is in/alid orunenforceable. then the entirety of this Agreement to Arbitrate shall be null and/oid2 %he remainder of the Agreement and its Legal +isputes Section 0illcontinue to apply2

2! pt%ut Procedure

I. 7U A8< A 0http://pages.ebay.com/policies/arbitrate-optout.html


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the pt ut 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$ to0hich the opt9out applies2 3ou must sign the pt9ut 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 itsLegal +isputes Section 0ill continue to apply to you2 pting out of thisAgreement to Arbitrate has no effect on any pre/ious. other. or future arbitrationagreements 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 0eagree that if 0e ma;e any change to this Agreement to Arbitrate #other than achange to any notice address or site lin; pro/ided herein$ in the future. thatchange 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 otherdisputes or claims go/erned by the Agreement to Arbitrate that ha/e arisen ormay arise bet0een you and eBay2 ,e 0ill notify you of changes to thisAgreement 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 throughthe eBay


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eBay Inc2 is located at "!4 'amilton A/e2. San 5ose. CA 6!"2 eBay Inc2Ds NorthAmerican Customer Ser/ice perations Center is located at ? ,est eBay ,ay. +raper.U% 4="=2 eBay 7urope S28 r2l2 is located at ""9"4 Boule/ard )oyal. L9"446Lu: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$. ?.


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%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!&62?. you mayreport 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 6!4. or by telephone at #==$ 6"9"!=2

EBay User Agreement

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Transcript of EBay User Agreement