Marketplace-Critical Provisions
Essential clauses that separate protected platforms from liable operators
Platform Role Definition
CDA Section 230 ProtectionClearly 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 RiskDefine 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 DisclosureDisclose all fees, commissions, and payment terms clearly. Hidden fees trigger FTC scrutiny and state consumer protection enforcement actions.
Buyer-Seller Dispute Resolution
Liability AllocationEstablish 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 ComplianceEnumerate prohibited items and content categories. Cover regulated goods, counterfeit products, illegal items, and restricted categories to protect against vicarious liability.
Account Termination Rights
Platform ControlReserve 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
Marketplace-Specific Scanners
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