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

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:
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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.