Walker Morton

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How terms of service can protect your business

On Behalf of | Oct 31, 2023 | Business Litigation

The terms of service that you implement onto your website can play a key role in protecting your business. These terms serve as a contract between your business and its website’s end user, often restricting how those users can use the material that they access.

This can be crucial if you end up in the midst of a lawsuit, as a user’s agreement to the terms of service often can serve as a basis to seek summary judgment, which could save you a significant amount of money and stress in the long run. Strong terms of service may also give you a platform for a lawsuit against a user who misappropriates your information and your intellectual property.

So, what do you need to include in your terms of service?

Boilerplate language will only get you so far when it comes to protecting your business. Therefore, as you think about your terms of service, you might want to consider implementing terms that address the following:

  • A disclaimer of liability that protects you from any errors on your website.
  • A statement that indicates that you’re not responsible for any statements users make on the website.
  • An indication that the website doesn’t create a professional relationship with end users.
  • A statement that third-party content found on the website that is not endorsed by your business.
  • A claim that you own the intellectual property found on the website and that it’s not to be used in any fashion without your written consent.
  • A specification of how end users can be banned from the site.

There may be other terms that are important for your business. You just have to know where your business is vulnerable and what terms can help protect it in the event that you find yourself amidst business litigation.

Do you need guidance for your business law affairs?

If so, now is the time to dig for the information you need to make informed decisions. Your attorney can help you here, but it’s also a good idea to educate yourself. By doing so, you’ll hopefully be able to avoid costly litigation or protect your business when litigation arises.

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