Marketplace-Critical Provisions

Essential clauses that separate protected platforms from liable operators

Platform Role Definition

CDA Section 230 Protection

Clearly establish that you're an intermediary, not a party to transactions. This language is crucial for Section 230 immunity and avoiding liability for seller conduct.

Seller Obligations & Standards

Quality Control Risk

Define seller requirements for product accuracy, legal compliance, and customer service. Without clear obligations, you may be deemed responsible for seller failures.

Commission & Fee Transparency

FTC Price Disclosure

Disclose all fees, commissions, and payment terms clearly. Hidden fees trigger FTC scrutiny and state consumer protection enforcement actions.

Buyer-Seller Dispute Resolution

Liability Allocation

Establish clear dispute resolution procedures between buyers and sellers. Define your role (if any) in mediating disputes and when platform intervention occurs.

Prohibited Products & Content

Regulatory Compliance

Enumerate prohibited items and content categories. Cover regulated goods, counterfeit products, illegal items, and restricted categories to protect against vicarious liability.

Account Termination Rights

Platform Control

Reserve broad discretion to suspend or terminate seller accounts. Include clear grounds for termination and procedures for fund holds to protect against fraud.

Standard Legal Provisions

Essential clauses required in all Terms of Service

Agreement to Terms
Limitation of Liability
Dispute Resolution
Intellectual Property
Modification Rights
Governing Law
Indemnification
Severability

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