Providing Protection In An Area Of Increasing Risk

Have Peace Of Mind Knowing Your Business Is Protected With Robust Terms and Conditions 

Terms of Service, also called Terms & Conditions, are policies in addition to others, such as a Privacy Policy, that act as contractual agreements between the owner of a website or other application and those who utilize it. Whether you operate an e-commerce website or some other online business, terms are necessary to protect your business adequately. Therefore, Terms of Service & Conditions should include everything from clauses that protect your intellectual property to provisions aimed at limiting liability. Further, the specific architecture of how users consent to the terms plays a critical role in whether courts will find that there is an enforceable contract. These considerations help illustrate that while Terms & Conditions might seem mundane and meaningless legalese not requiring much attention, the opposite is true.
In contrast to Terms & Conditions that an automated tool might generate, Terms & Conditions drafted by a lawyer are specific to your business and ensure that the essential protections are in place. But, perhaps, even more importantly, a lawyer helps ensure that any disadvantageous terms are not included. In contrast, an automated generator may contain such unwanted clauses, leading a business to unknowingly and unnecessarily increase its risk and limit valuable protections. Astute drafting concerning where to include advantageous clauses and when to exclude those that might be disadvantageous is critical, as courts generally hold that Terms of Service are legally enforceable agreements, resulting in the potential for harmful clauses to be used against your business.
At RICHT, we provide clients with an affordable way to protect their business with comprehensive Terms of Service & Conditions specific to the nuances of their particular operations.


Why Not Use A Generic Terms of Service?
The Risks Of A Generic T&C
  • Lack of specific advisory and potential inclusion of overbroad terms that increase legal risk
  • Lack of understanding of what the terms mean for your business
  • Lack of assurance that the terms are up to date with the latest laws

Have an Existing Terms? We Can Review & Update To Ensure Comprehensive protection.

Affordable Flat Fee

Inquire About How We Can Help You With A Terms of Service & Conditions

    Terms & Conditions Law News

    Tech & Marketing Law Blog

    Amazon Screws Up Its TOS Amendments (Again)

    Is new affirmative consumer assent needed for each amendment to a Terms of Service (TOS), or can some vaguer “notice” to consumers sometimes substitute?

    Terms & Conditions Law
    Tech & Marketing Law Blog

    Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”

    Courts have begun to require more rigorous evidence of notice and assent to enforce modifications to online agreements.

    Terms & Conditions Law
    Tech & Marketing Law Blog

    Poorly Executed “Sign-in-Wrap” Contract Formation Process Fails

    The Ninth Circuit recently considered when consumers assent to terms through interacting with a website. The court confirms that to ensure enforceability, consumers should (1) check the box and (2) be advised that checking the box will indicate assent to contract terms.

    Terms & Conditions Law

    2022 "Clickwrap" Litigation Trends Report

    Understanding how the courts assess online agreements is a crucial way to protect your business from risk.

    Terms & Conditions Law
    Tech & Marketing Law Blog

    Amending Your TOS? Better Use a Clickthrough Process, Not Email Notice

    Mandatory clickthroughs for amendments are the new best practice, and email notices–even if worded optimally–are not best practice.

    Terms & Conditions Law

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