Payments Terms of Use

Payout Currency

Your “Payout Currency” is the currency that we will use for settling your transaction proceeds to your Linked Financial Account. We will generally determine your Payout Currency as follows, unless you and we agree otherwise:

• If you are a seller residing or established in the United States, or any of the Additional Countries, your Payout Currency is the US Dollar.
• If you are a seller residing or established in an EEA country (except Iceland), your Payout Currency will be the Euro.
• If you are a seller residing or established in the United Kingdom, Switzerland, Liechtenstein, or Australia, your Payout Currency will be based on your country of residence.
• If you are a seller residing or established in Canada, your Payout Currency will be the Canadian Dollar or, if offered by us and selected by you, the US Dollar.
• If you are a seller residing or established in an Additional Country, then your Payout Currency is the US Dollar, or such other currency as we may offer and you may select as determined by your country of residence.

We may enable further Payout Currencies at our sole discretion in the future. Where offered by us and agreed upon by you and your buyer, your buyer may pay for an item you sell with currency other than your Payout Currency. When this happens, the paid amount will be converted into your Payout Currency prior to disbursement of the funds to you, using the applicable transaction exchange rate and assessing the currency conversion charge as indicated on our Fee Page described in Section 3 (“Seller Payment Fees”) below. Similarly, your receipt of eBay Services from Affiliates may cause you to incur fees which are published in a currency other than your Payout Currency; if this happens, we may convert such fees into your Payout Currency in the same manner as described in the prior sentence.

Further, if you live in an Additional Country, the financial institution you opened your Linked Financial Account with may charge you a separate fee for converting your funds from the US Dollar to your local currency.

Returns and Cancellations; Refunds

If your buyer is entitled to a refund for a return or cancellation for a Managed Payments transaction, based on an agreement between you and the buyer or according to eBay’s policies regarding such transaction, you authorize us to pay to the buyer the corresponding refund amount on your behalf.

eBay Money Back Guarantee Programs

eBay offers buyers protection programs on certain eBay Services to ensure that buyers receive the item they ordered or get their money back (“eBay Money Back Guarantee” in most jurisdictions and “eBay Buyer Protection Program” in Germany, collectively referred herein as “eMBG”). You understand that if your buyer successfully files a claim under such program for a Managed Payments transaction, the respective eBay company offering the eMBG program (“eMBG Service Provider”) will reimburse the buyer the amount owed on your behalf pursuant to the applicable User Agreement and eMBG policy. According to the applicable User Agreement and eMBG policy, you must reimburse the eMBG Service Provider for any such amounts.

Disputes

A buyer (or the owner of a payment instrument) may initiate a chargeback, direct debit reversal, or PayPal buyer protection claim, or otherwise ask their financial institution to open a payment dispute (all referred to solely within this Part I as “Dispute”) in connection with a Managed Payments transaction. The final outcome of the Dispute will be decided by the buyer's financial institution.

We will manage Disputes, as follows: When a Dispute is opened, we will notify you and ask you whether you choose to accept or challenge the Dispute. If you accept the Dispute, you agree to the reversal of the payment to the buyer. If you challenge the Dispute, eBay will submit to the financial institution any relevant evidence you provide about the Dispute. You agree to provide timely information to assist in the Dispute resolution process and understand that your failure to provide requested information on the timeline we require and as specified by credit and debit card networks' and other payment service providers' rules could adversely impact the outcome of a Dispute investigation, up to complete forfeiture of the amounts in Dispute. If you accept the Dispute or if the buyer’s financial institution decides in favor of the buyer, the respective amount will be refunded to the buyer's original payment method and charged to us. You must reimburse us for such charges, unless you are eligible for the Seller Protection policy provided by the eBay Affiliate which provides the eBay Services to you, in which case you are not held liable for amounts refunded to the buyer. If you choose to accept the Dispute, we may still decide to challenge the Dispute in our discretion and at no additional costs to you.

Some payment institutions offer an optional arbitration process to contest the results of an individual Dispute. We may ask for your consent to participate in such arbitration process. If you consent to chargeback arbitration, you authorize us to represent and defend you throughout the arbitration. You will be responsible for all costs and expenses (including reasonable legal fees and any arbitration fees assessed by third parties, arising from such arbitration proceedings), as agreed between you and us in each case, and you authorize us to pay these amounts on your behalf while the arbitration is pending.

You will not contest the resolution of any Dispute that we investigate and/or re-present, nor will you re-open resolved Dispute investigations. If you are a consumer in the EU, UK or Australia, or a Small Business within the definition of Small Business Contract (as defined in s23 of Schedule 2 – Australian Consumer Law of the Competition and Consumer Act 2010 (Cth)) (“Australian Small Business”) in Australia, your rights to file a complaint or to take legal action in court remain unaffected.

Seller Protection

If you have met your eligibility requirements for, and fulfilled all your applicable obligations, under the Seller Protection policy provided by the eBay Affiliate which provides the eBay Services to you, you will not be held liable for any amounts to be returned to buyers due to eMBG program claims, Disputes or unauthorized transactions with eBay spendable funds.

Fines, Penalties and Losses

We are unable to manage payments for prohibited and restricted items. Before listing your item, you must ensure it complies with eBay's rules, applicable laws, and any additional restrictions imposed by credit card associations, network rules, or third-party payments service providers that we may use.

You agree to indemnify and reimburse us for all reversals, chargebacks, claims, costs, losses, damages, fees, fines, penalties and other liabilities and expenses incurred by us or brought against us by a third party arising out of (a) your breach of these Payments Terms of Use or the User Agreement including without limitation any violation of eBay’s policies; (b) your violation of any law or the rights of a third party; or (c) any transaction processed by us for you for an item or service you listed on eBay (including without limitation the accuracy of your item description or any claim or dispute arising out of items or services offered or sold by you).

Holds

We reserve the right to manage the risks associated with providing you the Payment Services, by placing restrictions on your access to your funds when deemed necessary, as described in further detail below.

You agree that we may place holds on your funds or instruct a payment service provider to hold your funds, prior to disbursement. For the avoidance of doubt, if you receive funds to either a stored value account issued to you under eBay’s US Balance Terms and Conditions or to a payment account, a hold may also be placed on such funds. If a hold is placed on your funds, the amount and status of the hold will be displayed under the Payments tab in the Seller Hub/My eBay. We will notify you through the eBay Message Center and/or by email and, depending on the reason, may request additional information from you to help resolve the issue.

If you are a consumer in Germany, eBay Sarl will apply holds to your funds in accordance with Part III, Section 7. For all other sellers, we apply holds under the following conditions. A hold may be placed if we have reason to believe there is an increased risk associated with the provision of our Payment Services or with a certain Managed Payment transaction, for example if we cannot verify your identity or if your buyer files a dispute. Please see our holds help page for more detail on the hold types and examples. We take into consideration relevant factors when assessing the risks including selling history, seller performance, seller type, returns and cancellations, chargebacks, riskiness of the listing category, transaction value, the ability to make direct debits from your Linked Financial Account, and the filing of eMBG claims. We also may cancel or freeze the settlement of your proceeds as necessary to comply with our legal obligations in connection with fraud prevention, risk management, or regulatory compliance, or, upon lawful request by our Affiliates, to enable them to comply with legal obligations applicable to them (such as compliance with tax-related obligations from EU DAC7 legislation). Any hold placed on your funds will be released when the risk associated with our provision of Payment Services is reduced or eliminated.

If your payout entity is eCI, ECA, or ECCA, we may temporarily retain a portion of your funds to cover refunds, Disputes, or other post-transaction activities after you close your account. Unless otherwise required by law, we will settle any unused retained amounts to your Linked Financial Account within 180 days of your eBay account closure.

Your bank's holds and settlement procedures may at times cause delays in the settlement of funds to your Linked Financial Account, and we do not have control over these delays.

Reserves

In order to manage risk or secure your obligations under these Payments Terms of Use, we have the right to require a reserve of transaction proceeds. This means that the respective portion of your funds is reserved as unavailable for disbursement. Reserves may be in the form of rolling and/or minimum reserves.

• A rolling reserve is a reserve funded by withholding a set percentage of your transaction proceeds each day for a fixed period to be released to you later at a scheduled time on a rolling basis. For example, we may require a rolling reserve of 10% for a period of 60 days. Under this requirement, 10% of your transaction proceeds earned on day 1 will be withheld from your payouts and then be released to you on day 61. Subsequently, 10% of your transaction proceeds earned on day 2 will be withheld and then released to you on day 62, and so forth. Rolling reserves are the most common type of reserve.
• A minimum reserve is a requirement to hold a specific amount of money in your reserve. A minimum reserve may be funded by contributing a set percentage of your daily transaction proceeds to the reserve up to the minimum requirement, or by setting-off the entire amount of the minimum requirement from your pending payouts. For example, if we require a minimum reserve of $5,000, the reserve may be funded by contributing 10% of your transaction proceeds to the reserve each day until the amount reaches $5,000. Alternatively, if your pending payouts equal or exceed $5,000, the minimum reserve may be funded by setting off the reserve requirement from your pending payouts at one-time in full.

We may require a reserve if we have reason to believe there is an increased risk of non-fulfillment of your obligations under these Payments Terms of Use. We take into consideration relevant risk factors before requiring a reserve, including, as applicable (i) your eBay account history, (ii) whether the category you are listing in has a higher likelihood of chargebacks or refunds, (iii) whether your eBay account has an elevated number of customer claims or disputes, (iv) your business and/or personal credit history (business sellers may be subject to credit agency checks if permitted by applicable law), (v) whether you are selling products in advance of availability (pre-selling orders), and (vi) whether you have extended delivery time frames. Depending on your performance and the risk associated with your use of Managed Payments, a reserve may be raised, lowered, or removed at any time. The amount of each reserve (and any subsequent change) will be reasonably determined based on the seller-specific risk (including the volume of your sales). The amount and status of each reserve will be displayed under the Payments tab in the Seller Hub/My eBay and we will notify you of any reserves we require of you.

If ECA is your Payout Entity, any reserve required of you is further subject to the Seller Reserve Terms and Conditions. By accepting these Payments Terms of Use, you agree to the Seller Reserve Terms and Conditions to the extent they apply to you.

Our Liability

If we have acted with reasonable precautions and/or in accordance with our legal obligations, we are not liable for any unauthorized, incorrectly, unexecuted, or delayed payment transactions when such issues were caused by abnormal and unforeseeable circumstances beyond our control.

Signature

In instances where we are required to collect your signature to meet anti-money laundering and/or other legal requirements, we may (where not prohibited by applicable law) treat your acceptance of these Payments Terms of Use as the equivalent of you providing us your signature.

8.1 Specific Payment Methods

On certain eBay sites in the EU and UK, buyers may be able to choose specific payment methods, including but not limited to direct debit, payment by invoice, or installment payments (“Specific Payment Methods”), to pay for items purchased from you, and which require you to assign your purchase claim against the buyer to us. The Specific Payment Methods are offered to buyers by our integrated payment partners (“Payment Partners”). See here for a list of the Specific Payment methods offered on the respective eBay websites and the respective Partner Terms.

If your buyer chooses a Specific Payment Method in connection with a purchase on eBay (“Sales Contract”), the Responsible Payment Entity processing the transaction (see Part I, Section 2) will acquire your purchase price claim against the buyer, including all ancillary rights, and will sell and assign the claim to its acquirer (“Acquirer”), e.g., Adyen N.V. The Acquirer will sell and assign the purchased claim to the respective Payment Partner, who will assume the payment default risk in accordance with the following provisions. This arrangement is referred to as “Chain Assignment”. Buyers using a Specific Payment Method will make their payments to the Payment Partner, who will forward the payments to the Responsible Payment Entity via the Acquirer, so that the Responsible Payment Entity can process and settle such payments to you according to these Payments Terms of Use.

You shall conclude with your buyer the Payment Partners’ terms and conditions for the use of the Specific Payment Method, including any applicable privacy notice (“Partner Terms”). You hereby agree and accept that the respective Partner Terms shall become an integral part of each Sales Contract where the buyer uses a Specific Payment Method. You instruct eBay and the Payment Partners to implement the Partner Terms into the eBay checkout and make the Partner Terms available to the buyer on your behalf.

The Payment Partners and the Acquirer will not be a party to and not have any obligation under these Payments Terms of Use or any other agreement between you and the Responsible Payment Entity, eBay, the buyer, or any third party.

8.2 Purchase and Assignment of Seller Receivables

You agree that each receivable against your respective buyer in connection with a Sales Contract where your buyer has chosen a Specific Payment Method (jointly the “Seller Receivables” and each a “Seller Receivable”) will automatically be offered to the Responsible Payment Entity for purchase after conclusion of each Sales Contract. The Responsible Payment Entity will either accept your offer by proceeding with the payment process or reject your offer. Such offer and acceptance will conclude a purchase agreement between you and the Responsible Payment Entity (“Single Purchase Agreement”) regarding the relevant Seller Receivable which is purchased (the “Purchased Receivable”) in accordance with this Section 8.

You hereby assign, subject to the conclusion of a Single Purchase Agreement, all your current and future Seller Receivables including ancillary rights (such as rights for any securities, transport and deficiency insurance claims, withdrawal or rescission rights, or other claims against third parties with respect to the relevant Seller Receivable) to the Responsible Payment Entity, which hereby accepts the assignment. Upon conclusion of a Single Purchase Agreement, you and the Responsible Payment Entity reiterate the assignment of the relevant receivable identified through the transaction-ID in the purchase offer whereby the purchase offer constitutes an offer to assign the relevant receivable from you to the Responsible Payment Entity and the acceptance of purchase offer constitutes an acceptance of this offer by the Responsible Payment Entity.

In case there is any doubt about the validity of the assignment of the Seller Receivables and this requires any further declaration or action by you, you will execute such declaration or action upon request of the Responsible Payment Entity.

You irrevocably authorize the Responsible Payment Entity with the power of sub-delegation to notify the relevant buyer regarding the assignment of the Seller Receivable and to exercise non-assignable rights, such as contractual rights, in connection with the Seller Receivables in its own name.

8.3 Collection Risk/Collection

Except in a case of a Defect Receivable pursuant to Section 8.5, the Responsible Payment Entity bears the risk that the Purchased Receivables are not collectable from the respective buyer in part or in full, in particular caused by the insolvency of the buyer. The Responsible Payment Entity will pay the purchase price (minus the agreed fees and expenses) for the relevant Purchased Receivable regardless of whether it chooses to enforce the relevant Purchased Receivable.

The collection and enforcement of the Purchased Receivables is the responsibility of the Responsible Payment Entity which shall bear any and all costs in this regard. The Responsible Payment Entity will transfer the economic risks of the obligations described in the sections above to the Acquirer and consequently to the Payment Partners in accordance with the Chain Assignment arrangement.

8.4 Representations and Warranties

Every time upon entering into a Single Purchase Agreement concerning a Purchased Receivable, you represent and warrant to the Responsible Payment Entity that

• the Purchased Receivable is valid, validly assigned to the Responsible Payment Entity, and enforceable against the buyer;
• you hold free and clear title to, and may freely assign and transfer, the Purchased Receivable, and the Purchased Receivable has not yet been assigned or transferred to third parties; and
• you will ship, deliver, or provide the respective item(s) to the relevant buyer completely, on time and in accordance with the Sales Contract with the respective buyer in order that the respective buyer is not able to exercise any right or claim of retention, set off, supplementary performance, reduction, recession right or damage claims.

Your representations and warranties with respect to a Single Purchase Agreement will be provided by the Responsible Payment Entity to the Acquirer (and by the Acquirer to the Payment Partners) back-to-back in accordance with the Chain Assignment arrangement.

8.5 Assignment of Purchased Receivables back to You/Disputes

If the relevant Purchased Receivable fulfills one of the following criteria (the “Defect Receivable”):

• the buyer reverses the Sales Contract on the basis of a mandatory withdrawal right or a voluntary right of return offered by you;
• in case of an eMBG claim or a payment dispute; for example, if the buyer objects to a Purchased Receivable, if, upon request, you do not provide valid proof of shipment or delivery or other proper performance to the Responsible Payment Entity in accordance with the Seller Protection Policy;
• you are in breach of a representation and warranty pursuant to Section 8.4 in respect of the Purchased Receivable;

or in any other case where you give a refund to a buyer for any Purchased Receivable (“Refunded Receivable”), and the Acquirer consequently decides to use its right to assign back the relevant Defect/Refunded Receivable to the Responsible Payment Entity, the Responsible Payment Entity is entitled to assign back any Defect/Refunded Receivable to you.

The Responsible Payment Entity hereby assigns all current and future Defect/Refunded Receivables to you subject to the condition precedent that we notify you of the refund to the buyer in relation to a Defect or Refund Receivable (the “Reassignment Notice”), and you hereby accept the assignment of all current and future Defect/Refunded Receivables. You are obliged to pay back any purchase price which you have received from the Responsible Payment Entity for the Defect/Refunded Receivable without undue delay after the relevant Re-Assignment Notice was provided. The Responsible Payment Entity is entitled to set off this claim against you with any further payment it is obliged to pay to you.

8.6 Information and Assistance Obligations/General Provisions

You shall undertake to inform the Responsible Payment Entity promptly upon becoming aware of (i) any breach of a representation and warranty according to Section 8.4 regarding any Purchased Receivable or (ii) any other event that may materially impair or jeopardise the realisation of the Purchased Receivables or might materially change your solvency or, subject to you becoming aware of it, the probability of payment of the Purchased Receivables by the buyer.

In case you receive any direct payments from a buyer on the Purchased Receivable, you shall reject these received payments and refund the buyer, and notify the payer that payment shall be made to the respective Payment Partner. You shall notify the Responsible Payment Entity of any rejected payments on the Purchased Receivables.

Upon our request, you shall promptly hand over to the Responsible Payment Entity, the Acquirer, and/or the Payment Partners any information, records and documents which are necessary or expedient for the examination and the enforcement of the Purchased Receivables.

Security

You acknowledge the importance of the security measures we put in place with regards to Managed Payments, and agree to comply with them. You are responsible for maintaining the security of all passwords, codes, or other login credentials used to access your eBay account and the related Payment Services and, subject to eBay's seller protection policies, for any transactions made or actions taken using your eBay account.

If you become aware of an unauthorized payment transaction or of a delayed or incorrectly executed transaction, you must notify us immediately by using a contact method stated in the “Introduction” of these Payments Terms of Use, above. If you notify us by telephone of such a transaction, we may request written confirmation immediately following the notification. The notification shall be free of charge.

Third-Party Providers

We may use our Affiliates or third-party service providers (for example companies that process payments and disburse settlements, perform risk assessments or compliance checks, verify identity, or validate payment or settlement methods) in different locations to assist us in providing Managed Payments. Our Affiliates or third-party service providers may further outsource the services to other eBay Affiliates or third-party service providers. In this context we may transfer your data to such eBay Affiliates or third-party service providers to whom services are outsourced. At times, we may communicate to you through the eBay Affiliate which provides the eBay Services to you. For example, our Affiliate may notify you of a hold or other restrictions taken on your account. As relating to outsourced services, you hereby explicitly agree to our use of such eBay Affiliates or third-party service providers to assist us in providing Managed Payments and the outsourcing of services in relation thereto (including the right to sub-outsource), and you accept that the obligation of secrecy does not exist with respect to the related transfer of data (e.g. contact details, account information, sales related information) to such eBay Affiliates and third-party service providers. Our Affiliates and third-party service providers are either subject by law to a professional secrecy obligation, as provided by the law applicable to the eBay Affiliates or third-party service providers, or will be contractually bound to comply with strict confidentiality rules. Customer data transferred in accordance with these purposes will only be accessible to a limited number of persons within the relevant eBay Affiliates or third-party service providers, on a need to know basis. Regardless of whether we use eBay Affiliates or third-party service providers, the appropriate eBay Payment Entity remains responsible to you for the performance of the services contemplated under these Payments Terms of Use.

In conformity with our User Privacy Notice, we may also share information collected by us pursuant to these Payments Terms of Use with our Affiliates as necessary to enable your continued use of our Payment Services and the eBay Services. Please view our User Privacy Notice for more information on the collection and processing of personal data, including details on processing purposes and legal bases under applicable data protection laws.

Data Protection

Our performance of Payment Services entails the processing of your buyer’s personal data when a sale happens. With respect to such data processing, you, the Responsible Payment Entity, and the Payout Entity each act as a separate data controller/business under applicable data protection laws. You agree to comply with your obligations as a data controller/business pursuant to all applicable data protection laws to which you are subject, and provide us with all reasonable cooperation, information, and assistance as necessary for us to meet our requirements as a data controller/business.

All sellers (except consumers in Germany)

We may amend these Payments Terms of Use by notifying you of the changes in writing (for example, by posting a revised version of these Payments Terms of Use on our website, including the Seller Hub or the eBay Message Center). Before the anticipated effective date of such change, we will notify you at least fourteen (14) days prior, or

1. if your Payout Entity is eBay Sarl, then two (2) months prior,
2. if your Payout Entity is ECUK and you are a consumer, micro-enterprise or charity, then two (2) months prior,
3. if your Payout Entity is ECA, then thirty (30) days prior.

If you are a consumer (i.e., not a business) outside of Germany whose Payout Entity is eBay Sarl or ECUK, you will be deemed to have consented to these changes unless you explicitly reject them before the anticipated effective date. For all other sellers, your continued use of Managed Payments beyond the effective date of the changes will constitute your acceptance of the changes.

Consumers in Germany

If you are a consumer in Germany, we may offer you changes to these Payments Terms of Use at any time. We will be notifying you in text-form, for example via email, and/or the Seller Hub or the eBay Message Center of any proposed changes at least two (2) months before the anticipated effective date of such change.

The changes offered to you shall only become effective if you accept them as follows:

• If a proposed change is a material change (as defined below), we will ask for your active consent to such a change.
• If a proposed change is not a material change, you will be deemed to have consented to these changes unless you explicitly reject them by notice to us in text form (e.g. via email) before the anticipated effective date. In case of such changes, we will inform you in the notice with which we offer you the changes about the right of rejection, the period of time and your termination right (see subsection below).

A “material change” is a change of these Payments Terms of Use (especially with respect to provisions defining the type and general scope of the agreed services or the term and termination) in our favor, which would significantly shift the balance between service and remuneration to your disadvantage or would effectively establish an entirely new contract.

A change which is due to a requirement of law, a legally binding court decision or an injunction does not constitute a material change.

Termination right in case of amendments (all sellers)

If you do not agree to proposed changes, you may terminate these Payments Terms of Use, pursuant to Section 12 (“Term, Termination”) below, without any extra cost at any time before the effective date. We always publish the amended Payments Terms of Use on the eBay website.

A. Applicable Law

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 these Payments Terms of Use and any claim or dispute that has arisen or may arise between you and eCI, except as otherwise stated in these Payments Terms of Use.

B. Agreement to Arbitrate

You and eCI each agree that any and all disputes or claims that have arisen, or may arise, between you and eCI (or any related third parties) that relate in any way to or arise out of this or previous versions of these Payments Terms of Use, your use of or access to Managed Payments, the actions of eCI or its agents, or any products or services sold, offered, or purchased through the Services shall be resolved exclusively through final and binding arbitration, rather than in court. In this Legal Disputes Section, the term “related third parties” includes your and eCI’s respective affiliates, subsidiaries, parent companies, predecessors, successors, assigns, as well as your, eCI’s, and these entities’ employees and agents. 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 (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

1. Prohibition of Class and Representative Actions and Non-Individualized Relief

   YOU AND ECI 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. UNLESS BOTH YOU AND ECI 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. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) 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(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court, subject to your and eCI’s right to appeal the court's decision. All other claims will be arbitrated.

2. Arbitration Procedures

   Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individualized basis that a court can award to an individual. An arbitrator should apply the terms of these Payments Terms of Use as a court would. 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 ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), shall be for a court of competent jurisdiction to decide.

   The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org.  In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or the court.

   A party who intends to seek arbitration must first send to the other, by certified mail, a valid Notice of Dispute ("Notice"), which may be downloaded at this link:  http://p.ebaystatic.com/aw/help/legal/Notice_of_Dispute.pdf. The Notice to eCI must be sent to eBay Inc., Attn: Litigation Department, Re: Notice of Dispute, 583 W. eBay Way, Draper, UT 84020. Any such Notice addressed to and received by eBay will also be deemed to be received by eCI, if such Notice regards services offered by eCI. eCI 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. To be valid, you must personally sign the Notice and complete all information on the Notice form, including a description of the nature and basis of the claims the party is asserting, the specific relief sought, and the email address and phone number associated with your account.

   If you and eCI are unable to resolve the claims described in a valid Notice within 30 days after eCI receives the Notice, you or eCI may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. 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. You may send a copy to eCI at the following address: eBay Commerce Inc. c/o CT Corporation System, 1108 E South Union Ave., Midvale, UT 84047. In the event eCI 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. Any settlement offer made by you or eCI shall not be disclosed to the arbitrator.

   Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by the submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or eCI may attend by telephone, unless the arbitrator requires otherwise.

   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. 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 eCI user to the extent required by applicable law. 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.

3. Costs of Arbitration

   Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If you complied with the Notice of Dispute procedures of Section 2 of this Agreement to Arbitrate (“Arbitration Procedures”) and the value of the relief sought is $10,000 or less, at your request, eCI will pay all administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by eCI should be submitted by mail to the AAA along with your Demand for Arbitration and eCI will make arrangements to pay administration and arbitrator fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse eCI for all fees associated with the arbitration paid by eCI on your behalf that you otherwise would be obligated to pay under the AAA's rules. eCI will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the cost of accessing the arbitration forum from being prohibitive.

4. Severability

   With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), 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.

5. Opt-Out Procedure

   IF YOU ARE A NEW USER OF OUR PAYMENT SERVICES, YOU CAN CHOOSE TO REJECT 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 AFTER THE DATE YOU ACCEPT THESE PAYMENTS TERMS OF USE FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO EBAY INC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, 583 WEST EBAY WAY, DRAPER, UT 84020. ANY SUCH OPT-OUT NOTICE ADDRESSED TO AND RECEIVED BY EBAY WILL ALSO BE DEEMED TO BE RECEIVED BY ECI, IF SUCH OPT-OUT NOTICE REGARDS SERVICES OFFERED BY ECI.

   For your convenience, we are providing an Opt-Out Notice form. You must complete and mail that to us in order to opt out of the Agreement to Arbitrate. You must complete the Opt-Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the eBay Service account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of these Payments Terms of Use and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.

6. Future Amendments to the Agreement to Arbitrate

   Notwithstanding any provision in the User Agreement or these Payments Terms of Use 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 that was filed in a legal proceeding against eCI 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 eCI. 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. 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.

C. Judicial Forum for Legal Disputes

Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and eCI must be resolved exclusively by a state or federal court located in Salt Lake County, Utah. You and eCI agree to submit to the personal jurisdiction of the courts located within Salt Lake County, Utah for the purpose of litigating all such claims or disputes.