Content is categorized under intellectual property, and thus it is important to protect your content. Terms and conditions protect your site from legal risks. Terms and Conditions Esq helps you to identify the common terms and condition mistakes. If you do not want to be among the companies that have faced lawsuits because of poorly drafted terms and condition, then you should avoid the mistakes below.
Not including the Choice of forum clause
The internet has made it easy to reach clients all over the world using your website. Given that you have worldwide reach; it also means that you can be sued from any part of the world. In case you have been sued by someone in New York City, then you need to find a lawyer in that area and even travel to the area.
All these are costly and require you to spend a lot of money. You can avoid all these by having in place a choice of forum. The clause will protect you from traveling to a different area for a lawsuit.
Lack of arbitration clause
Make sure that your terms and condition has an arbitration clause. Juries always favor individuals over businesses when an individual is suing. Arbitrators, on the other hand, favor companies. When you have an arbitration clause, then arbitrators will be in favor for your business. It means that they will award lower charges to the party suing your company. In case you do not have the arbitration clause, then you have it in place as soon as possible.
Lack of user license agreement
It ‘s okay to allow users to interact with your business. Interactions vary from reviews to comments. You should not republish any content your users publish on your site without having their permission. You should also avoid the temptation of using the content that has been posted by your users. You will land into more trouble than you ever imagined. You will lose the traffic to your website if you attempt to buy the rights to your user’s content.
The one-side update allows you to change the statement on your site to a different language. The user is required to check the updates. In case you modify the contract language without giving notice to your customer, you may land into a problem.
You should have a contract that is not one-sided. A one-sided contract will not have grounds in court if the user sues you. Therefore, you need to update it to include your client. The contract must have negotiable terms for both parties.