As captured on ; terms may have changed since.
Reviewed fields
For each field: the reviewer's category, then the words of the captured document. Where the category is silent, no provision on that field was extracted from the captured text, and nothing is quoted. Every category, with its count, is listed on the data page.
Delegation clause (who decides whether the clause is enforceable)
Reviewed category: to-arbitrator-except-class-waiver
The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes regarding the interpretation or application of the Agreement to Arbitrate, including the enforceability, revocability, scope, or validity of the Agreement to Arbitrate or any portion of the Agreement to Arbitrate, except that all Disputes regarding Section 19.B.3 ("Waiver of Class and Other Non-Individualized Relief") including any claim that all or part of that Section is unenforceable, illegal, void or voidable, or that such Section has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator.
Company’s fee promise
Reviewed category: hardship-or-request-conditioned
if you complied with the Informal Dispute Resolution requirements in Section 1 of this Agreement and the value of the relief sought in the Dispute is $10,000 or less, at your request eBay will pay all filing, administration, and arbitrator fees associated with the arbitration.
Fee or cost shifting against the consumer
Reviewed category: offer-of-judgment-cost-shift
You and eBay agree that at least 14 days before the date set for an arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover any post-offer costs to which they otherwise would be entitled and shall pay the offering party’s costs from the time of the offer.
Pre-filing requirement
Reviewed category: mandatory-condition-precedent
If Informal Dispute Resolution does not resolve satisfactorily within 45 days after receipt of a Notice, you and eBay agree that either party shall have the right to finally resolve the Dispute through binding arbitration.
Mass-arbitration terms
Reviewed category: batching
you and eBay agree that in the event that there are 25 or more individual Demands of a substantially similar nature filed against eBay by or with the assistance of the same law firm, group of law firms, or organizations (" Claimant’s Counsel "), within a reasonably proximate period of time, for example, a 90 day period, NAM shall (1) administer the arbitration demands in batches of 100 Demands per batch (or, if between 25 and 99 individual Demands are filed, a single batch of all those Demands, and, to the extent there are less than 100 Demands remaining after the batching described above, a final batch consisting of the remaining Demands); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch on a consolidated basis with one set of filing and administrative fees due per batch, one procedural calendar, one hearing (if any) in a place to be selected by Claimant’s Counsel or, if Claimant’s Counsel does not have a preference, by the arbitrator, and one final award, which will provide for any and all relief to which the arbitrator determines each individual party is entitled (" Batch Arbitration ").
Small-claims carve-out
Reviewed category: available-standard-carve-out
you or eBay may seek relief in small claims court if such claims qualify and remain in small claims court ... If a party initiates an arbitration asserting a claim that falls within the jurisdiction of a small claims court, the other party may, in its discretion, require that the arbitration demand be withdrawn and that the claim be filed in small claims court. Any dispute about whether a claim falls within any given small claims court's jurisdiction will be resolved by that court, not by an arbitrator.
Opt-out
Reviewed category: new-users-only-30-days
IF YOU ARE A NEW USER OF OUR SERVICES, YOU CAN CHOOSE TO OPT OUT OF THIS AGREEMENT TO ARBITRATE ("OPT OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS FROM THE DATE YOU FIRST ACCEPT THIS USER AGREEMENT.
Unilateral modification
Reviewed category: new-clause-governs-earlier-claims
Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim already filed in arbitration (or, where permitted, in court or small claims court) against eBay prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and eBay. We will notify you of material amendments to this Agreement to Arbitrate. We will provide you 30 days' notice by posting the amended terms on www.eBay.com. Additionally, we will notify you through the eBay Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms. Your continued use of or access to our Services, including the acceptance of any products or services sold, offered, or purchased through our Services following the posting of changes to this Agreement to Arbitrate constitutes your acceptance of any such changes.
Scope
Reviewed category: broad-reaches-affiliates-and-third-parties
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.
Confidentiality of the arbitration
Reviewed category: documents-exchanged-confidential
You and eBay agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
Shortened limitations period
Reviewed category: expressly-not-shortened
You further agree that any Dispute that you have with eBay as detailed in this Agreement to Arbitrate must be initiated within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
Severability if the class waiver is struck
Reviewed category: batching-tied-whole-clause-void
Except as provided in Section 19.B.3 ("Waiver of Class or Other Non-Individualized Relief"), if any part or parts of this Agreement to Arbitrate (other than Section 19.B.7 ("Batch Arbitration")) are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement to Arbitrate shall continue in full force and effect. However, if Section 19.B.7 ("Batch Arbitration") of this Agreement to Arbitrate is found under the law to be invalid or unenforceable then, in that case, the entire Agreement to Arbitrate shall be void, and the parties agree that all Disputes will be heard in the state or federal courts located in Salt Lake County, Utah as required in Section 19.C.
Counsel or representation restrictions
Reviewed category: personal-participation-or-signature-required
If the party requesting arbitration is represented by counsel, the Demand shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Demand.
Mass-arbitration numeric trigger
Reviewed category: batching-trigger
Stated term: “25 or more” individual Demands of a substantially similar nature — recorded as 25
Window, as reviewed: a reasonably proximate period of time, e.g. a 90 day period (example, not fixed)
The trigger is conditioned on the claimants sharing, or coordinating, counsel.
in the event that there are 25 or more individual Demands of a substantially similar nature filed against eBay by or with the assistance of the same law firm, group of law firms, or organizations (" Claimant’s Counsel "), within a reasonably proximate period of time, for example, a 90 day period