Etsy Limits Liability and Changes Arbitration Clause in New Terms of Use

Etsy is limiting its liability and making other changes to the legal provisions in its Terms of Use that buyers and sellers agree to when using the site. (Legally speaking, visitors agree to the terms even if they are simply browsing the site or apps, according to the agreement.) The new Terms take effect on July 24, 2023.

Etsy also advised users it updated its Privacy policy and Intellectual Property policy.

The changes to Terms relating to Etsy and users’ respective legal rights impact all users worldwide. Changes to the arbitration clause impact users in North and South America – and include information on how to opt out of arbitration.

“As before, the arbitration agreement includes a class action and jury waiver, which means we’ll be resolving most disputes in private, individual arbitration, and not in court,” according to the email Etsy sent to users. “Please read this section carefully,” it advised.

Etsy also added a new section about dispute resolution in the Terms of Use for users in Europe, Asia, Australia, and Africa, cites the law that will apply to any disputes.

Other changes to the Terms of Use worth noting include the following:

• A new section: “G. Cases and Appeals. To participate in our case system (as described in Section 10), or to appeal an action by Etsy, you must have an account.”
• New verbiage under the section, “8. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For).”
• New verbiage under the section, “9. Indemnification (and What Happens If You Get Us Sued)”

Whenever marketplaces or services update their user agreements, it’s a good idea to review the full documents to refresh your memory about your rights and limitations. And a reminder to be sure to read section 11 of the new Etsy Terms, “Arbitration Agreement and Class Action Waiver,” as well as the new Privacy and IP policies.