Liability Limits

Reasonable limitation of liability clauses in Terms of Service (ToS) are generally enforceable under US law. However, consumers should be aware that courts will not enforce caps that violate public policy or specific statutes. Commonly limited are contracts or clauses that legally limit liability for

• physical harm
• gross negligence and willful wisconduct: reckless disregard, intentional fraud, or deliberate harm.
• unconscionability: If a contract is heavily lopsided (e.g., a massive consumer harm hidden in tiny, unreadable print), a judge may deem it unenforceable.