SMITH SHAPOURIAN MIGNANO PC - SAN FRANCISCO LAW FIRM FOR STARTUPS AND SMALL BUSINESSES
  • Home
  • About Us
    • Teela Crosthwaite Smith
    • Neda Shapourian
    • Lindsey S. Mignano
    • Kelly Lawton-Abbott
    • Amy Carpio-Bruno
    • Jordan T. Lee
  • Services
  • News
  • Blog
  • DEI Policy
  • Contact
  • Home
  • About Us
    • Teela Crosthwaite Smith
    • Neda Shapourian
    • Lindsey S. Mignano
    • Kelly Lawton-Abbott
    • Amy Carpio-Bruno
    • Jordan T. Lee
  • Services
  • News
  • Blog
  • DEI Policy
  • Contact
Search

blog

website terms and conditions of use policies: not required, but why you may want to include one anyway on your website

7/14/2016

0 Comments

 
California businesses with websites that collect “personally identifiable information” of visitors must have a privacy policy in place and “conspicuously” displayed on their website pursuant to the California Online Privacy Protection Act.  However, California businesses with websites are not required under California law to post a terms and conditions of use policy on their website.  Nonetheless, most California businesses do, and for good reason.

The terms and conditions of use policy constitutes a contract that governs the relationship between your business and the visitors to your business’ website.  If a visitor to your website should ever sue your business for anything arising out of his or her visit to your website, a court will consider the contractual provisions contained in the terms and conditions of use policy of your website.  For that reason, while not required by California law, it is almost always a smart idea to have a terms and conditions of use policy in place from website inception, as well as to display it in an obvious location, such as next to the privacy policy on your website.

Some of the most basic provisions in a terms and conditions of use policy include:
​
  1. Limitation of Liability
  2. Modification of the Agreement
  3. Proprietary Rights
  4. Permitted Uses/Restrictions on Use
  5. Indemnity
  6. Choice of Law
  7. Contact Information

While there is a good amount of free material online which you may use to jumpstart your draft of a terms and conditions of use policy for your website, it is prudent to seek the advice of counsel.  Counsel can either draft the terms and conditions of use policy for you based on your specific business/website needs; or at the very least, review your draft of your business’ terms and conditions of use policy.

Smith Shapourian & Mignano, LLP is available to answer any questions or concerns you may have regarding your business website’s terms and conditions of use policy, as well as to litigate any disputes arising out of the policy.  Please contact us for a consultation.


This blog does not constitute solicitation or provision of legal advice, and does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter in a timely manner, as statutes of limitations may bar your claim.
0 Comments



Leave a Reply.

    Archives

    February 2023
    October 2022
    September 2022
    September 2021
    June 2021
    May 2021
    March 2021
    January 2021
    December 2020
    October 2020
    September 2020
    August 2020
    June 2020
    May 2020
    April 2020
    March 2020
    January 2020
    June 2019
    April 2019
    March 2019
    February 2019
    November 2018
    October 2018
    September 2018
    May 2018
    April 2018
    March 2018
    February 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    January 2017
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016

    Categories

    All
    83(b) Elections
    Arbitration
    Benefit Corporation
    Bootstrapping
    Business Name
    Buy-Sell Agreement
    Cannabis
    CBD
    Cloud
    Commercial Lease
    Contracts
    Conversion
    Coronavirus
    Crowdfunding
    Delaware Flip
    Dissolution
    Early Hires
    Employers
    Employment Law
    Entrepreneurs
    Entrepreneur Spotlight
    Financials
    Funding/Financing
    GDPR
    Guest Blogger
    Health Care
    HR
    Industrial Hemp
    Insurance
    IT Solutions
    Joint Ventures
    Litigation
    LLC
    LOEN
    Logo
    Marketing
    Non Profits
    Non-Profits
    Partnerships
    Patent
    Pitch Deck
    Privacy Policy
    Professional Corporation
    Raising Money
    S Corp
    Securities
    Settlement
    Small Business
    Sole Proprietorship
    Startups
    Stock Options
    Tax
    Trademarks
    Website

    RSS Feed


​© 2022 Smith Shapourian Mignano PC.  All Rights Reserved.
Privacy Policy 
Terms of Use
Accessibility Statement

Attorney Advertising 
​Client Reviews & Testimonials

​

  • Home
  • About Us
    • Teela Crosthwaite Smith
    • Neda Shapourian
    • Lindsey S. Mignano
    • Kelly Lawton-Abbott
    • Amy Carpio-Bruno
    • Jordan T. Lee
  • Services
  • News
  • Blog
  • DEI Policy
  • Contact