Have you ever read the terms and conditions or terms of use on a website? If you haven’t, chances are you are not alone. No one really likes the fine print. In truth, however, the “fine print” is an essential part of most e-commerce or business websites – especially your own. Keep reading to learn why.

What are terms and conditions?

Think of “terms and conditions” or “terms of use,” as the rules governing the use of your website. As such, they serve as invaluable protection for your business and can even help you limit your liability in certain legal actions. In-fact, well-written terms & conditions may also allow you to take legal action against those who violate them.

In this context, there are a couple of things to keep in mind. The first is that you are not legally obligated to include terms of service, terms & condition, or terms of use on your website. The second is – while you can use boiler plate language in this part of your website – we recommend against doing so. The reason is that this language isn’t necessarily specific to the business or even the state where it is located and can therefore create further headaches for business owners. Instead, we recommend using language that is best suited to your business and its unique needs.

Components that may be included in your terms of use

“Terms of Use” may generally include:

  • Limitations on liability – this is a basic disclaimer indicating that you can’t be held legally responsible for any errors or omissions on your website. If you allow users to post on your site, the language in this section should also shield you from liability for any offensive, vulgar or otherwise inappropriate posts.
  • Copyright – protects the content on your site from wrongful use by including a simple symbol and clause such as, “Copyright © 2020 xyzwebsite.com.”
  • Privacy policy – this is the only element that must be included in your terms and conditions, but only when you are collecting any sensitive information from your customers (such as email addresses or credit card information). This explains how the information will or will not be used.
  • Governing law – this is a simple statement indicating which state laws apply to the use of the site such as: “These terms and conditions are governed by the laws of the United States of America and the laws of the State of Florida.” This is important because these are the laws that will be used in the event of a dispute.

How to create the terms and conditions page for your website

Now that you know what terms and conditions are, and why they are important, you may be wondering how to create this part of your website. Whatever you do, do not “borrow” language from another website. For one thing, by doing so you are engaging in copyright infringement. Secondly, there is no guarantee they will protect your business.

On the other hand, by allowing the business and contract lawyers here at Eskander Loshak LLP to draft this language for you, you can be sure that you and your business are fully protected.

You can learn more about this topic and anything else about operating a successful business in Florida by sending us a message online. You can also schedule a consultation with the business lawyers at Eskander Loshak LLP today by calling (954) 334-1122 or by email at [email protected].

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