What Is It?
What You Should Include in Your Policy
A well-drafted Terms of Service Policy will outline important legal disclosures and policies relating to the use of the website, the content, and communications between user and website. Although the content that should be included will vary considerably, depending on many factors, some of the important provisions include:
- Limitation of Liability – this may include warranty disclaimers and will notify users that the website is not responsible for inaccurate, incomplete, or missing information or features.
- Governing Law – this sets which state’s laws will apply to the relationship between user and website.
- Intellectual Property Clause – a declaration to all users of the site owner’s copyright and trademark rights – essentially that you own the logos, design, content (except, in most cases, user-generated content), and features of the site.
- License and Restrictions – explains to users the permitted and restricted activities and uses that govern their use of the website.
- Warranties and Guaranties – for the use of the website and the products or services that may be offered or advertised on the site.
- Dispute Resolution – a very important provision that will dictate the process and venue that users must follow in the event that a dispute arises. Often websites will include as part of its dispute resolution procedures, an arbitration provision restricting disputes to less expensive arbitration in lieu of litigation, in a location that is convenient for the business, and restricting class action lawsuits.