LawInformedAI/claudette_tos · Datasets at Hugging Face

text stringlengths 13 2.65k	label int64 0 1
you may not disclose , sell , rent , or distribute a user 's information to a third party for purposes unrelated to the services .	0
additionally , you may not use information for marketing purposes , via electronic or other means , unless you obtain the consent of the specific user to do so .	0
sellers can create rules to automate replacements , returns , and refunds under certain circumstances .	0
for all new sellers , in listings where returns are accepted , ebay will set a default rule that automates the return process .	0
sellers may remove or customize their return preferences in their account settings within my ebay .	0
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 .	0
you agree to comply with our returns policy .	0
when an item is returned , to refund the buyer , you -lrb- as seller -rrb- authorize ebay to request that paypal remove the refund amount -lrb- in same or other currency -rrb- from your paypal account , place the amount on your invoice , and/or charge your payment method on file .	0
the cost of return shipping for an item that is not as described is the seller 's responsibility .	0
you -lrb- as seller -rrb- authorize ebay to place the return shipping label cost on your invoice , subject to your automatic payment method on file when :	0
• an ebay-generated return shipping label is used , and the seller is responsible for its cost ;	0
• returns have been automated ;	0
• you fail to send your buyer a return shipping label and , instead , an ebay-generated shipping label is used ; and/or	0
• a transaction is cancelled , to refund the buyer , you -lrb- as seller -rrb- authorize ebay to request that paypal remove the refund amount -lrb- in same or other currency -rrb- from your paypal account .	0
see our cancellation policy for more details .	0
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 .	0
for eligible items located in the united states and purchased by an international buyer through the global shipping program , you -lrb- as seller -rrb- will simply ship the item to a parcel processing facility located in the united states .	0
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 .	0
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. -lrb- for example , customs or international shipping -rrb- .	0
you pay no additional fees for selling through the global shipping program .	0
pursuant to a routed export transaction under the u.s. export administration regulations and foreign trade regulations , your 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 .	0
you remain liable for the accuracy of information you provide about items , and you agree to provide timely responses to requests for additional information .	0
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 -lrb- such as customs and revenue authorities , as well as other government agencies -rrb- , in connection with the processing , export and customs clearance , and international transportation of any item .	0
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 .	0
you may prevent your listings from being made available to international buyers through the program by adjusting your account settings within my ebay .	0
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 the global shipping program seller policies and frequently asked questions page .	0
most ebay sales go smoothly , but if there 's a problem with a purchase , the ebay money back guarantee helps buyers and sellers communicate and resolve issues .	0
you agree to comply with the policy and permit us to make a final decision on any ebay money back guarantee case .	0
if you -lrb- as seller -rrb- , choose to reimburse a buyer , or are required to reimburse a buyer or ebay under the ebay money back guarantee , you authorize ebay to request that paypal remove the reimbursement amount -lrb- in same or other currency -rrb- from your paypal account , place the amount on your invoice , and/or charge your payment method on file .	0
if we can not get reimbursement from you , we may collect the outstanding sums using other collection mechanisms , including retaining collection agencies .	0
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 .	1
disclaimer of warranties ; limitation of liability	0
we try to keep our services safe , secure , and functioning properly , but we can not guarantee the continuous operation of or access to our services .	0
bid update and other notification functionality in ebay 's applications may not occur in real time .	0
such functionality is subject to delays beyond ebay 's control .	0
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 .	0
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 .	0
in addition , to the extent permitted by applicable law , we -lrb- including our parent , subsidiaries , and affiliates , and our and their officers , directors , agents and employees -rrb- are not liable , and you agree not to hold us responsible , for any damages or losses -lrb- including , but not limited to , loss of money , goodwill or reputation , profits , other intangible losses , or any special , indirect , or consequential damages -rrb- resulting directly or indirectly from : the content you provide -lrb- directly or indirectly -rrb- using the 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 .	1
some jurisdictions do not allow the disclaimer of warranties or exclusion of damages , so such disclaimers and exclusions may not apply to you .	0
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 -lrb- a -rrb- any amounts due under the ebay money back guarantee up to the price the item sold for on ebay -lrb- including any applicable sales tax -rrb- and its original shipping costs , -lrb- b -rrb- 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 -lrb- c -rrb- $ 100 .	1
if you have a dispute with one or more users , you release us -lrb- and our affiliates and subsidiaries , and our and their respective officers , directors , employees and agents -rrb- from claims , demands and damages -lrb- actual and consequential -rrb- of every kind and nature , known and unknown , arising out of or in any way connected with such disputes .	0
in entering into this release you expressly waive any protections -lrb- whether statutory or otherwise -rrb- 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 .	0
you will indemnify and hold us -lrb- including our affiliates and subsidiaries , as well as our and their respective officers , directors , employees , agents -rrb- 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 agreement , your improper use of ebay 's services or your breach of any law or the rights of a third party .	0
please read this section carefully .	0
it affects your rights and will have a substantial impact on how claims you and ebay have against each other are resolved .	0
you and ebay agree that any claim or dispute at law or equity that has arisen , or may arise , between you and ebay -lrb- including any claim or dispute between you and a third-party agent of ebay -rrb- that relates in any way to or arises out of this or previous versions of the ebay 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 .	0
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 the user agreement and any claim or dispute that has arisen or may arise between you and ebay , except as otherwise stated in the user agreement .	1
you and ebay each agree that any and all disputes or claims that have arisen , or may arise , between you and ebay -lrb- including any disputes or claims between you and a third-party agent of ebay -rrb- that relate in any way to or arise out of this or previous versions of the user agreement , your use of or access to ebay 's services , the actions of ebay or its agents , or any products or services sold , offered , or purchased through ebay 's services shall be resolved exclusively through final and binding arbitration , rather than in court .	1
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 -lrb- non-class , non-representative -rrb- basis .	0
the federal arbitration act governs the interpretation and enforcement of this agreement to arbitrate .	0
prohibition of class and representative actions and non-individualized relief	0
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 .	0
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 .	0
also , the arbitrator may award relief -lrb- including monetary , injunctive , and declaratory relief -rrb- 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 -lrb- s -rrb- .	0
any relief awarded can not affect other users .	0
if a court decides that applicable law precludes enforcement of any of this paragraph 's limitations as to a particular claim for relief , then that claim -lrb- and only that claim -rrb- must be severed from the arbitration and may be brought in court , subject to your and ebay 's right to appeal the court 's decision .	0
all other claims will be arbitrated .	0
arbitration is more informal than a lawsuit in court .	0
arbitration uses a neutral arbitrator instead of a judge or jury , and court review of an arbitration award is very limited .	0
however , an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual .	0
an arbitrator should apply the terms of the user agreement as a court would .	0
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 -lrb- `` prohibition of class and representative actions and non-individualized relief '' -rrb- , shall be for a court of competent jurisdiction to decide .	0
the arbitration will be conducted by the american arbitration association -lrb- `` aaa '' -rrb- under its rules and procedures , including the aaa 's consumer arbitration rules -lrb- as applicable -rrb- , as modified by this agreement to arbitrate .	0
the aaa 's rules are available at www.adr.org or by calling the aaa at 1-800-778-7879 .	0
the use of the word `` arbitrator '' in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration ; rather , the aaa 's rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate .	0
a party who intends to seek arbitration must first send to the other , by certified mail , a completed form notice of dispute -lrb- `` notice '' -rrb- .	0
you may download a form notice here .	0
the notice to ebay should be sent to ebay inc. , attn : litigation department , re : notice of dispute , 583 w. ebay way , draper , ut 84020 .	0
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 .	0
all information called for in the notice must be provided , including a description of the nature and basis of the claims the party is asserting and the relief sought .	0
if you and ebay are unable to resolve the claims described in the notice within 30 days after the notice is sent , you or ebay may initiate arbitration proceedings .	0
a form for initiating arbitration proceedings is available on the aaa 's site at www.adr.org .	0
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 .	0
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 .	0
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 .	0
any settlement offer made by you or ebay shall not be disclosed to the arbitrator .	0
the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location .	0
if the value of the relief sought is $ 10,000 or less , you or ebay may elect to have the arbitration conducted by telephone or based solely on written submissions , which election shall be binding on you and ebay subject to the arbitrator 's discretion to require an in-person hearing , if the circumstances warrant .	0
in cases where an in-person hearing is held , you and/or ebay may attend by telephone , unless the arbitrator requires otherwise .	0
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 .	0
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 .	0
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 .	0
payment of all filing , administration and arbitrator fees will be governed by the aaa 's rules , unless otherwise stated in this agreement to arbitrate .	0
if the value of the relief sought is $ 10,000 or less , at your request , ebay will pay all filing , administration , and arbitrator fees associated with the arbitration .	0
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 all necessary fees directly to the aaa .	0
if -lrb- a -rrb- you willfully fail to comply with the notice of dispute requirement discussed above , or -lrb- b -rrb- in the event the arbitrator determines the claim -lrb- s -rrb- 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 .	0
with the exception of any of the provisions in section 1 of this agreement to arbitrate -lrb- `` prohibition of class and representative actions and non-individualized relief '' -rrb- , 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 .	0
if you are a new ebay user , you can choose to reject this agreement to arbitrate -lrb- `` opt-out '' -rrb- by mailing us a written opt-out notice -lrb- `` opt-out notice '' -rrb- .	0
the opt-out notice must be postmarked no later than 30 days after the date you accept the user agreement for the first time .	0
you must mail the opt-out notice to ebay inc. , attn : litigation department , re : opt-out notice , 583 west ebay way , draper , ut 84020 .	0
for your convenience , we are providing an opt-out notice form you must complete and mail to opt out of the agreement to arbitrate .	0
you must complete the opt-out notice form by providing the information called for in the form , including your name , address -lrb- including street address , city , state and zip code -rrb- , and the user id -lrb- s -rrb- and email address -lrb- es -rrb- associated with the ebay account -lrb- s -rrb- to which the opt-out applies .	0
you must sign the opt-out notice for it to be effective .	0
this procedure is the only way you can opt out of the agreement to arbitrate .	0
if you opt out of the agreement to arbitrate , all other parts of the agreement and its legal disputes section will continue to apply to you .	0
opting out of this agreement to arbitrate has no effect on any previous , other , or future arbitration agreements that you may have with us .	0
future amendments to the agreement to arbitrate	0
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 -lrb- other than an amendment to any notice address or site link provided herein -rrb- 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 .	0
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 .	0
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 .	0

you may not disclose , sell , rent , or distribute a user 's information to a third party for purposes unrelated to the services .

0

additionally , you may not use information for marketing purposes , via electronic or other means , unless you obtain the consent of the specific user to do so .

0

sellers can create rules to automate replacements , returns , and refunds under certain circumstances .

0

for all new sellers , in listings where returns are accepted , ebay will set a default rule that automates the return process .

0

sellers may remove or customize their return preferences in their account settings within my ebay .

0

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 .

0

you agree to comply with our returns policy .

0

when an item is returned , to refund the buyer , you -lrb- as seller -rrb- authorize ebay to request that paypal remove the refund amount -lrb- in same or other currency -rrb- from your paypal account , place the amount on your invoice , and/or charge your payment method on file .

0

the cost of return shipping for an item that is not as described is the seller 's responsibility .

0

you -lrb- as seller -rrb- authorize ebay to place the return shipping label cost on your invoice , subject to your automatic payment method on file when :

0

• an ebay-generated return shipping label is used , and the seller is responsible for its cost ;

0

• returns have been automated ;

0

• you fail to send your buyer a return shipping label and , instead , an ebay-generated shipping label is used ; and/or

0

• a transaction is cancelled , to refund the buyer , you -lrb- as seller -rrb- authorize ebay to request that paypal remove the refund amount -lrb- in same or other currency -rrb- from your paypal account .

0

see our cancellation policy for more details .

0

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 .

0

for eligible items located in the united states and purchased by an international buyer through the global shipping program , you -lrb- as seller -rrb- will simply ship the item to a parcel processing facility located in the united states .

0

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 .

0

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. -lrb- for example , customs or international shipping -rrb- .

0

you pay no additional fees for selling through the global shipping program .

0

pursuant to a routed export transaction under the u.s. export administration regulations and foreign trade regulations , your 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 .

0

you remain liable for the accuracy of information you provide about items , and you agree to provide timely responses to requests for additional information .

0

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 -lrb- such as customs and revenue authorities , as well as other government agencies -rrb- , in connection with the processing , export and customs clearance , and international transportation of any item .

0

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 .

0

you may prevent your listings from being made available to international buyers through the program by adjusting your account settings within my ebay .

0

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 the global shipping program seller policies and frequently asked questions page .

0

most ebay sales go smoothly , but if there 's a problem with a purchase , the ebay money back guarantee helps buyers and sellers communicate and resolve issues .

0

you agree to comply with the policy and permit us to make a final decision on any ebay money back guarantee case .

0

if you -lrb- as seller -rrb- , choose to reimburse a buyer , or are required to reimburse a buyer or ebay under the ebay money back guarantee , you authorize ebay to request that paypal remove the reimbursement amount -lrb- in same or other currency -rrb- from your paypal account , place the amount on your invoice , and/or charge your payment method on file .

0

if we can not get reimbursement from you , we may collect the outstanding sums using other collection mechanisms , including retaining collection agencies .

0

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 .

1

disclaimer of warranties ; limitation of liability

0

we try to keep our services safe , secure , and functioning properly , but we can not guarantee the continuous operation of or access to our services .

0

bid update and other notification functionality in ebay 's applications may not occur in real time .

0

such functionality is subject to delays beyond ebay 's control .

0

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 .

0

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 .

0

in addition , to the extent permitted by applicable law , we -lrb- including our parent , subsidiaries , and affiliates , and our and their officers , directors , agents and employees -rrb- are not liable , and you agree not to hold us responsible , for any damages or losses -lrb- including , but not limited to , loss of money , goodwill or reputation , profits , other intangible losses , or any special , indirect , or consequential damages -rrb- resulting directly or indirectly from : the content you provide -lrb- directly or indirectly -rrb- using the 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 .

1

some jurisdictions do not allow the disclaimer of warranties or exclusion of damages , so such disclaimers and exclusions may not apply to you .

0

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 -lrb- a -rrb- any amounts due under the ebay money back guarantee up to the price the item sold for on ebay -lrb- including any applicable sales tax -rrb- and its original shipping costs , -lrb- b -rrb- 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 -lrb- c -rrb- $ 100 .

1

if you have a dispute with one or more users , you release us -lrb- and our affiliates and subsidiaries , and our and their respective officers , directors , employees and agents -rrb- from claims , demands and damages -lrb- actual and consequential -rrb- of every kind and nature , known and unknown , arising out of or in any way connected with such disputes .

0

in entering into this release you expressly waive any protections -lrb- whether statutory or otherwise -rrb- 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 .

0

you will indemnify and hold us -lrb- including our affiliates and subsidiaries , as well as our and their respective officers , directors , employees , agents -rrb- 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 agreement , your improper use of ebay 's services or your breach of any law or the rights of a third party .

0

please read this section carefully .

0

it affects your rights and will have a substantial impact on how claims you and ebay have against each other are resolved .

0

you and ebay agree that any claim or dispute at law or equity that has arisen , or may arise , between you and ebay -lrb- including any claim or dispute between you and a third-party agent of ebay -rrb- that relates in any way to or arises out of this or previous versions of the ebay 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 .

0

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 the user agreement and any claim or dispute that has arisen or may arise between you and ebay , except as otherwise stated in the user agreement .

1

you and ebay each agree that any and all disputes or claims that have arisen , or may arise , between you and ebay -lrb- including any disputes or claims between you and a third-party agent of ebay -rrb- that relate in any way to or arise out of this or previous versions of the user agreement , your use of or access to ebay 's services , the actions of ebay or its agents , or any products or services sold , offered , or purchased through ebay 's services shall be resolved exclusively through final and binding arbitration , rather than in court .

1

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 -lrb- non-class , non-representative -rrb- basis .

0

the federal arbitration act governs the interpretation and enforcement of this agreement to arbitrate .

0

prohibition of class and representative actions and non-individualized relief

0

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 .

0

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 .

0

also , the arbitrator may award relief -lrb- including monetary , injunctive , and declaratory relief -rrb- 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 -lrb- s -rrb- .

0

any relief awarded can not affect other users .

0

if a court decides that applicable law precludes enforcement of any of this paragraph 's limitations as to a particular claim for relief , then that claim -lrb- and only that claim -rrb- must be severed from the arbitration and may be brought in court , subject to your and ebay 's right to appeal the court 's decision .

0

all other claims will be arbitrated .

0

arbitration is more informal than a lawsuit in court .

0

arbitration uses a neutral arbitrator instead of a judge or jury , and court review of an arbitration award is very limited .

0

however , an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual .

0

an arbitrator should apply the terms of the user agreement as a court would .

0

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 -lrb- `` prohibition of class and representative actions and non-individualized relief '' -rrb- , shall be for a court of competent jurisdiction to decide .

0

the arbitration will be conducted by the american arbitration association -lrb- `` aaa '' -rrb- under its rules and procedures , including the aaa 's consumer arbitration rules -lrb- as applicable -rrb- , as modified by this agreement to arbitrate .

0

the aaa 's rules are available at www.adr.org or by calling the aaa at 1-800-778-7879 .

0

the use of the word `` arbitrator '' in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration ; rather , the aaa 's rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate .

0

a party who intends to seek arbitration must first send to the other , by certified mail , a completed form notice of dispute -lrb- `` notice '' -rrb- .

0

you may download a form notice here .

0

the notice to ebay should be sent to ebay inc. , attn : litigation department , re : notice of dispute , 583 w. ebay way , draper , ut 84020 .

0

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 .

0

all information called for in the notice must be provided , including a description of the nature and basis of the claims the party is asserting and the relief sought .

0

if you and ebay are unable to resolve the claims described in the notice within 30 days after the notice is sent , you or ebay may initiate arbitration proceedings .

0

a form for initiating arbitration proceedings is available on the aaa 's site at www.adr.org .

0

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 .

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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 .

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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 .

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any settlement offer made by you or ebay shall not be disclosed to the arbitrator .

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the arbitration hearing shall be held in the county in which you reside or at another mutually agreed location .

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if the value of the relief sought is $ 10,000 or less , you or ebay may elect to have the arbitration conducted by telephone or based solely on written submissions , which election shall be binding on you and ebay subject to the arbitrator 's discretion to require an in-person hearing , if the circumstances warrant .

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in cases where an in-person hearing is held , you and/or ebay may attend by telephone , unless the arbitrator requires otherwise .

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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 .

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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 .

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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 .

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payment of all filing , administration and arbitrator fees will be governed by the aaa 's rules , unless otherwise stated in this agreement to arbitrate .

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if the value of the relief sought is $ 10,000 or less , at your request , ebay will pay all filing , administration , and arbitrator fees associated with the arbitration .

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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 all necessary fees directly to the aaa .

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if -lrb- a -rrb- you willfully fail to comply with the notice of dispute requirement discussed above , or -lrb- b -rrb- in the event the arbitrator determines the claim -lrb- s -rrb- 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 .

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with the exception of any of the provisions in section 1 of this agreement to arbitrate -lrb- `` prohibition of class and representative actions and non-individualized relief '' -rrb- , 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 .

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if you are a new ebay user , you can choose to reject this agreement to arbitrate -lrb- `` opt-out '' -rrb- by mailing us a written opt-out notice -lrb- `` opt-out notice '' -rrb- .

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the opt-out notice must be postmarked no later than 30 days after the date you accept the user agreement for the first time .

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you must mail the opt-out notice to ebay inc. , attn : litigation department , re : opt-out notice , 583 west ebay way , draper , ut 84020 .

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for your convenience , we are providing an opt-out notice form you must complete and mail to opt out of the agreement to arbitrate .

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you must complete the opt-out notice form by providing the information called for in the form , including your name , address -lrb- including street address , city , state and zip code -rrb- , and the user id -lrb- s -rrb- and email address -lrb- es -rrb- associated with the ebay account -lrb- s -rrb- to which the opt-out applies .

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you must sign the opt-out notice for it to be effective .

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this procedure is the only way you can opt out of the agreement to arbitrate .

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if you opt out of the agreement to arbitrate , all other parts of the agreement and its legal disputes section will continue to apply to you .

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opting out of this agreement to arbitrate has no effect on any previous , other , or future arbitration agreements that you may have with us .

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future amendments to the agreement to arbitrate

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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 -lrb- other than an amendment to any notice address or site link provided herein -rrb- 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 .

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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 .

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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 .

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