The ubiquity of the Internet has allowed small businesses to compete at the national and even global levels. The importance of the contracts that govern these interactions has grown alongside the importance of the Internet itself.
We help you create a contract that clearly defines the rights and responsibilities of both you and your users. It can also help you identify issues you may not have thought of, such as: Disclaiming/Limiting Liability, Disclaiming/Limiting Warranties, and Choice of Law or Arbitration clauses.
The words of the contract are not the only issue to consider. You also need to address whether or not the user accepted the terms of your contract for it to be enforceable. We will work with you after the contract is drafted to ensure that the web site or application presents the contract in a way that ensures the user accepted. Furthermore, certain contractual terms have been held by various courts to be unconscionable or preempted, and therefore not enforceable. There are also legal issues that arise when minors agree to the contract. These issues can be different in each state. Unlike an in-person contract where you know what state it is being signed in, the Internet allows you to enter into contracts with people all over the United States and the world. Your contracts need to account for these different jurisdictions. Our experience in this area can help you create solid, enforceable online agreements.