Providing Protection In An Area Of Increasing Risk
Depending on the type of business and website or app, a Terms & Conditions could include clauses that protect intellectual property to provisions aimed at limiting liability. In addition to considerations about the contents of the T&Cs, 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; Terms & Conditions play a pivotal role in protecting you and your business.
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 relevant and essential protections are in place. But, perhaps, even more importantly, a lawyer helps ensure that any disadvantageous terms are not included. A set of terms created online by a generator may contain such unwanted clauses, leading a business to unknowingly and unnecessarily increase its risk and not benefit from valuable protections. Astute drafting by a lawyer concerning where to include advantageous clauses and when to exclude those terms that might be disadvantageous is critical, as courts generally hold that Terms & Conditions correctly agreed to online 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.
Get Peace Of Mind Knowing You Are Protected With Robust Terms and Conditions Drafted By A Lawyer For Your Website Or App
- Customized to the specifics of your company to avoid terms that might add legal risk
- Review and consultation to ensure you understand the terms and compliance
- The ability to have updates and advisory with a lawyer already familiar with your business
- 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
Inquire About How We Can Help You With A Protective Terms & Conditions
Terms & Conditions Law News
More Chaos in the Law of Online Contract Formation
An overview of “the jurisprudential chaos” in online terms and conditions contract formation law. The two top-line takeaways are that a two-click formation process avoids risk concerning contract formation and hence enforceability, and, if amending online terms and conditions, maintaining an evidentiary record is essential.
TikTok Quietly Changes User Terms Amid Growing Legal Scrutiny
Parents, schools and even attorneys general have increasingly been raising concerns about how TikTok may be hooking children to the app and serving them inappropriate content. But some lawyers say bringing legal action against the company could be more difficult after TikTok quietly changed its U.S. terms of service this summer.
23andMe Frantically Changed Its Terms of Service to Prevent Hacked Customers From Suing
Genetic testing company 23andMe changed its terms of service to prevent customers from filing class action lawsuits or participating in a jury trial days after reports revealing that attackers accessed personal information of nearly 7 million people — half of the company’s user base — in an October hack.
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.