Terms of Use - eBay ShopBot BETA

eBay ShopBot is your personal shopping assistant. Browse curated collections, or find something specific - even if you don't know exactly what you want. We're teaching ShopBot to understand context, and how to make better recommendations as you chat. Our goal is to bring the best of eBay to your fingertips, without wasting any extra time or money. ShopBot is in beta, with a lot still to learn. Nothing is too big or too small to critique. Please send feedback, report bugs, and tell us about any challenges by opening the menu and tapping on Submit feedback. Now here is some important info from our lawyers....

Parties

By accessing the eBay ShopBot ("ShopBot") you are agreeing to the following Terms of Use in addition to the eBay Privacy Notice and eBay User Agreement, which are incorporated herein by this reference. eBay ShopBot is provided to you by eBay Inc. ("eBay") located at 2025 Hamilton Ave., San Jose, CA 95125. In the event that these terms conflict with the eBay User Agreement or the eBay Privacy Notice, these terms control.

Who can use eBay ShopBot

You must be 13 years of age or older and have an active Facebook account to use ShopBot. If you are at least 13 years old and have not reached your 18th birthday, you may complete purchases through guest checkout but will not be eligible for an eBay account until you have reached the age of 18. If you are under the age of 13 please discontinue use of ShopBot immediately. We do not knowingly collect data from anyone under the age of 13.

Where can I use ShopBot?

This product is meant for use in the United States only. If you are residing outside the US, please discontinue use.

Access to the ShopBot

eBay does not provide the platform or equipment to access and use ShopBot. You are responsible for all fees charged by third parties related to your access and use of the Shopbot, including, but not limited to charges by your Internet service provider or mobile data fees charged by your provider. Further, eBay is not liable to you for any damages related to the third party platform accessibility.

Indemnity

You will indemnify, defend and hold harmless eBay, and its directors, officers, employees and agents, from any claim or demand and all liabilities, costs and expenses, including reasonable attorneys' fees, made by any third party due to, arising out of or relating to (i) your breach of these Terms of Use, (ii) your violation of any law, (iii) your violation of the rights of a third party, (iv) any claims made by or on behalf of a third party pertaining directly or indirectly to your use of ShopBot, or (v) any claims with respect to acts or omissions of third parties in connection with ShopBot.

Disclaimer of Warranties

The information included in or available through ShopBot, including the Content, may include inaccuracies or typographical errors. eBay may make improvements and/or changes to ShopBot at any time, with or without notice to you.

EBAY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SHOPBOT TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHOPBOT AND THE CONTENT ARE PROVIDED "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF PERFORMANCE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EBAY DOES NOT MAKE, AND HAS NOT MADE, ANY REPRESENTATION OR WARRANTY THAT SHOPBOT OR THE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE OR VIRUS-FREE OR THAT THE OPERATION OF SHOPBOT WILL BE UNINTERRUPTED. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL EBAY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, UNDER ANY THEORY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, FOR DAMAGES OF ANY KIND ARISING FROM OR RELATED TO SHOPBOT OR ANY INFORMATION, CONTENT OR MATERIALS IN OR ACCESSIBLE THROUGH SHOPBOT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, ACTUAL, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST INCOME, REVENUE OR PROFITS, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, SHOPBOT, EVEN IF EBAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF EBAY OR ANY OF THE ABOVE-REFERENCED PERSONS OR ENTITIES, UNDER ANY THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OF USE, EXCEED $10.00.

Modification or Suspension of ShopBot

eBay reserves the right at any time to terminate your account or to modify or discontinue, temporarily or permanently, ShopBot, or any part of the ShopBot, with or without notice to you. You agree that eBay shall not be liable to you or any third party for any modification, suspension or discontinuance of the ShopBot under these Terms of Use for any reason. eBay does not guarantee continuous, uninterrupted or secure access to the ShopBot, which may be interfered with by numerous factors outside of eBay's control. If you are dissatisfied with any aspect of the ShopBot at any time, your sole and exclusive remedy is to cease using it.

General

These Terms of Use, together with the eBay Privacy Policy and any other legal notices published by eBay on the eBay website, shall constitute the entire agreement between you and eBay pertaining to the subject matter hereof and supersede all prior agreements and understandings between you and eBay with respect to the subject matter hereof, whether written or oral. If any provision of these Terms of Use is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of these Terms of Use shall not be affected. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and eBay's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. eBay reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of ShopBot following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. eBay may assign or transfer these Terms of Use at any time. You may not assign or transfer these Terms of Use, or any of your rights or obligations under these Terms of Use, without the prior written consent of eBay, which eBay can refuse in its sole discretion. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind eBay in any respect whatsoever. The various section headings are for convenience only and shall not affect the meaning or interpretation of these Terms of use.

Survival

The terms and conditions contained in these Terms of Use that by their nature would be expected to survive the expiration or termination of these Terms of Use, including but not limited to the provisions relating to Indemnity, Disclaimer of Warranties and Limitation of Liability, shall so survive the expiration or termination of these Terms of Use.

Effective date: October 5, 2016