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website terms of service

What Is A Website Legal Disclaimer?

By Internet Lawyer, Website Lawyer, Website Legal Documents

What Is A Website Legal Disclaimer?A website legal disclaimer is a generic term for a document posted on a website that is commonly referred to as “Terms of Use,” “Terms of Service,” “Terms and Conditions,” and the like. Most sites that have this document hyperlink to it in the footer. However, a few link to it from the sidebar.

Disclaiming Professional Advice

In addition to the above, there’s a unique type of disclaimer used by sites for attorneys, physicians, accountants, investment advisors, and similar professionals. This disclaimer will make it clear to the visitor that the website content (text, video, audio, etc.) does not constitute professional advice and that the visitor should seek such advice by speaking with a licensed professional in that field.

Related Article: Privacy Policy 101 – What Every Website Owner Should Know

It’s important to note that the exact language used for this kind of disclaimer will vary both by profession and the state in which the professional’s office is located. In other words, the requirements for a Texas law firm’s website will be different than those for a site owned by a New York City dentist.

The professional advice disclaimer can be a separate legal document on the website or incorporated into a broader terms of use for the site that addresses other issues unrelated to advice.

Common Disclaimers

Among the topics covered in a site’s disclaimer (whether or not the site is for a licensed professional’s business) are the following…

1. Earnings Disclaimers.
2. Health Disclaimers.
3. Warranty Disclaimers.

Related Article: 5 Warning Signs You’re Using The Wrong Website Legal Documents

How To Get A Website Legal Disclaimer

An experienced Internet attorney can prepare a customized disclaimer and other important website legal documents for you (e.g. website privacy policy, refund policy, etc.). Be sure to check out Internet Lawyer Mike Young’s Website Legal Protection Package.

Related Article: 7 Keys To Picking The Right Internet Lawyer For Your Business

If you cannot afford an attorney, a potential do-it-yourself (DIY) solution is Website Legal Forms Generator software. Attorney Young created the legal forms that are generated by the software.

Website Terms Of Use Agreement: 9 Important Issues To Cover

By Internet Lawyer, Website Lawyer, Website Legal Documents

Website Terms Of Use Agreement: 9 Important Issues To CoverYour website terms of use agreement is an important legal document that explains the rights and responsibilities of the website owner (you or your company) and site visitors (whether or not they’re your customers).

Also known as a website terms of service, this agreement at a minimum should typically address the following nine issues.

1. How does your site’s terms of use interplay with other website legal documents. For example, if there’s a conflict between the terms and your site’s privacy policy, which legal document controls?

Related Article: Privacy Policy 101 – What Every Website Owner Should Know

2. Who owns the rights to the content on your site? It’s important to note that this issue is more complicated than it seems on its face. For example, if you’ve embedded a YouTube video on your site that was created by someone else, chances are you’re using it under license because you are not the copyright owner. Similarly, stock photos are typically used under license.

3. If a visitor accesses your site via a mobile app (e.g. on a smart phone or tablet), what special restrictions are you placing on such use that are different than if your site was access via a desktop or laptop computer?

4. What types of disclaimers and limitations on liability must a site visitor agree to in order to use your site? Are you making any warranties? If so, which ones? Are you excluding specific warranties? If so, how will you identify them in your website terms of use agreement?

5. What’s your policy on cyber-bullying and other forms of online harassment? How will you handle complaints when such misconduct is alleged to have occurred at your site?

6. Do you limit or prohibit obscene and offense content from being posted on your site?

7. If a site visitor commits misconduct that leads to a lawsuit against you or your business as the site owner, who is responsible for paying for your defense?

8. What laws govern your terms of use? For example, if your company is located in California but your site’s hosting company is based in Texas, which state’s laws will apply in a dispute involving your website’s terms of service?

9. If there is a dispute, should it always be resolved in court as part of a lawsuit? Or are there some conflicts you want handled through alternative dispute resolution (e.g. mediation and arbitration)?

Are there other terms and conditions you can include in your website terms of use agreement?

Of course. However, these are some of the key issues you should address.

How do you get a professionally prepared terms of use to protect your site?

Related Article: 5 Warning Signs You’re Using The Wrong Website Legal Documents

For customized terms of use, be sure to check out our firm’s Website Legal Protection Package prepared for a flat fee by Internet Lawyer Mike Young.

However, if you cannot afford to invest in attorney-customized website legal protection, consider getting Website Legal Forms Generator software. The website terms of use template, privacy policy, and other site legal documents generated by the software were created and updated by Attorney Young.

Website Terms Of Service

By Internet Lawyer, Website Lawyer, Website Legal Documents

website terms of service

What are terms of service?

Website terms of service, also known as “terms of use” and “terms and conditions of use,” are typically the rules a website’s visitors must agree that they will follow in order to make use of the website, plus disclaimers limiting the potential liabilities of the owners of the website business in question.

Why have these terms on your site?

A well-written set of terms of service will be legally binding and at the same time can be updated over time if the need arises because of changes in the law or site content.

What typically goes into a set of terms of service?

Your site’s terms may provide a list of definitions for key terms while also explaining the website’s rules and policies and how they apply to users of the website. This most commonly is done in the form of a listing of the services and goods provided and a breakdown of any fees associated with these products and services.

Having a good set of terms of use is important for the attraction of clients and because of the legal protections they can provide.

Potential clients put a lot end to put a lot of stock in a well written set of terms because they make it clear to just how they will benefit from the web service and what that benefit is going to cost them.

Companies that post terms and conditions to their websites benefit from the certainty their clients feel when visiting a site with a well written set of terms. However, they also will benefit from their terms of service because they can be written with disclaimers and other protective shield language to offer a fair amount of protection as website owners.

How do you get your own set of terms of service?

Does your bursiness need a terms of service document put together for your website? Internet Lawyer Mike Young has been helping businesses by preparing their terms of service and other website legal documents since the mid-1990s. To get new terms or service or have your existing terms reviewed, set up a telephone consultation with Attorney Young.