A Website Terms of Use Can Limit Your Liability

As well as limiting your legal liability, a professionally drafted website terms of use (also called terms and conditions) can also help protect your intellectual property.

There is a big risk if you do not have a term of use. Let’s say you do business in California, and someone in New York decides to sue you. Without a properly drafted terms of use, you may have to travel to New York to defend yourself in court. This is just one crucial example of why you should have a professionally drafted terms of use.

Also, without one, you may be at risk for liability because of problems caused by or caused to your users that were beyond your control.

Here are some of the provision that I will include in your website terms of use:

  • Choice of law and jurisdiction
  • Arbitration provision
  • Content disclaimer
  • Advertiser’s disclaimers
  • Errors, corrections, and changes
  • Warranty disclaimer
  • Advertisement disclaimer
  • Legal compliance for member or users
  • Limitation of liability
  • Use of Intellectual property
  • Shipping and refund policy
  • Linking to your website and other websites
  • Users use of your information
  • Member and user conduct
  • Unlawful activity
  • Indemnification
  • Changes to our terms of use

The above provisions are standard in a high-quality term of use.

However, the terms of use are your contract with your users and customers and can be edited to your liking; it provides you with considerable flexibility. Within reason, I can include almost any provision you want. However, it can’t be one-side or unconscionable. If the user or customer agrees to it, then you will have a binding contract with them.

For a free consultation and quote, email James@PrivacyInstructor.com