Website Terms of Use - Registered and Non-Registered Users

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An agreement between a website owner and both registered and non-registered users of the website, which sets out the rights and responsibilities of all parties.

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This Terms of Use Agreement for Registered and Non-Registered Users is a legal agreement between the website owner and the user. This agreement sets forth their relationship and informs each of its rights and responsibilities. A Term of Use Agreement should include provisions regarding privacy policies, copyrights, limits on liability and protection of minors.

This Terms of Use Agreement is for sites that have both registered and non-registered users. This form can be used alone or together with a Registration Agreement or Privacy Agreement and should be posted on the website. A well-written Terms of Use agreement will prove invaluable in the event of problems or misunderstandings which can lead to litigation.

These important provisions are included in this Terms of Use Agreement/Registered and Non-Registered Users for your state:
  • Company Name/Website Information: Sets out the name of the company maintaining the website and the website identity;
  • Changes to Terms: The company has the right, without notice, to change the look, feel and format of the website;
  • Scope of Use and User Email: Sets forth the authorized uses of the website and security issues regarding emails;
  • Intellectual Property: The materials on the site are copyrighted and protected by all United States and international copyright laws and unlawful copying will be considered infringement;
  • No Warranties: The website is provided "as is"? and contains no express, statutory or implied warranties.

Protect Yourself, your Rights and your Property by using our professionally prepared up-to-date forms.

This attorney-prepared packet includes:
  1. Instructions and Checklist
  2. General Information
  3. Step-by-Step Instructions
  4. Terms of Use Agreement/Registered and Non-Registered Users for use in your state
State Law Compliance: This form complies with the laws of your state
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Terms of Use
Registered and Non-registered User









This Packet Includes:
1. Instructions and Checklist
2. General Information
3. Step-by-Step Instructions
4. Terms of Use Registered and Non-registered User








Instructions and Checklist
Terms of Use
Registered and Non-registered User


   A Term of Use Agreement is an essential component to a website. It establishes the rules and expectations between the parties. As such, the parties should review the document carefully.

   This agreement is broad in scope and can be used on any general website. 

   Make sure that the Term of Use Agreement is displayed in a prominent place on your site so it cannot be missed by the user.

   Laws vary from time to time and from state to state. These forms are not intended to be and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used or signed before first consulting with an attorney to ensure that it addresses your particular situation. An attorney should be consulted before negotiating any document with another party.

   The purchase and use of these forms is subject to the “Disclaimers and Terms Use” found at www.findlegalforms.com.


General Information


Terms of Use
Registered and Non-registered User


All business websites should have a Terms of Use Agreement on their site. It is a legal agreement between the website owners and the internet user.  It sets forth the relationship between the parties and informs them of their respective rights and responsibilities.  Terms of Use can vary depending on the subject matter of the site itself.  However certain concepts remain constant such as privacy concerns, use of information, account security, and limitations of liability. This form is drafted to broadly cover a variety of situations. Generally a Terms of Use agreement should mention the following topics:

Privacy Policy

Privacy is one of the largest concerns for a user of a website.  Most people know by now that the internet is not as secure as once thought. Users need to know that there are some safeguards in place to protect any personal information that is given to the website including names, addresses and credit card information.  In your Terms of Use it should set forth the websites privacy policy, and how any personal information will be used.

Copyright

It should be mentioned in your Terms of Use that the contents of your site are copyrighted.  If you are planning to use someone elses information on your site you should be sure to get their permission before posting it on your own site as well.

Protecting Minors



There are some very specific laws in place that govern the internet and minors.  These laws are governed by the Federal Trade Commission and its a good idea for any website owner to familiarize themselves with them. In the Terms of Use there should be mention made that the website is for users over the age of 18 years old.  If the site caters to or includes minors there are additional rules that should be looked into. Information can be found on the Federal Trade Commission website.





Limiting Liability



The Terms of Use Agreement should provide protection to the website from inappropriate or illegal postings that could occur.  The website should monitor chat rooms and remove offensive content, and include a liability disclaimer in their Terms of Use Agreement.

This particular form has been created for registered or non-registered users. It should be placed prominently on your site so a user cannot miss it.





Step-by-Step Instructions
Terms of Use
Registered and Non-registered User


Introduction.  Enter the company name. This provision states that the user must accept the Terms of Use in order to use the website. Fill in the website name where indicated.

A.

1. Overview. Every user must agree to the Terms of Use. Whether the users are registered or not will determine where they accept the terms under Section A or B.  For registered users, please alter bracketed language to conform with your internal registration process.  It is strongly recommended that a click-through or intentional acceptance mechanism is added to your registration process if not already included.

2. Changes to Terms.  Fill in company name where indicated. This provision states that the company can change the terms of the website without notice. By the user accepting the Terms of Use they are also accepting any changes.

3. Jurisdiction.  This website is created for users residing in the United States only. Fill in Company name where indicated.

4. Scope of Use and User E-Mail. The information accessed by the users of this website is for informational purposes only.  Email may not be secure and the user agrees to not send any defamatory or inappropriate material through email.

5. Copyrights and Trademarks.  The material of the site is copyrighted. Fill in the company name where indicated. The material on this site is for informational purposes and may not be duplicated, distributed, etc. without written permission of the company. The account of any repeated copyright offender will be terminated.

6. Links.   The website may use links, but does not endorse them, nor are they responsible for their content. The Terms of Use policy only apply to this website. You may not link to the website without the companys permission. Fill in the company name and address where indicated.



7. No Unlawful Purpose or Prohibited Use.   The user warrants the will not use the website for any unlawful purpose. Fill in the company name where indicated.



8. Spamming.   Gathering email addresses or posting unsolicited information is prohibited. Fill in the company name and email address where indicated.

9. No Warranties. There are no warranties associated with any of the content of this site. The company disclaims accuracy of information and is not responsible for failure to update the information. The user assumes the risk of obtaining any viruses or harmful components. Enter company name where appropriate.  

10. Governing Law, Location and Miscellaneous.  Enter the name of the state you are doing business in.

11. Separate Agreement.  If you have any other agreements with the company they are separate from this agreement. Enter company name where indicated.

12.  DMCA Copyright Policy and Copyright Agent.  By posting this information, you may be able to limit certain types of damages caused infringing materials added or posted by your users.   If you do post this provision, be sure to work with your designated agent to have a policy in place when you receive a “takedown notice.”  A received notice that is ignored can further enflame what may be a sensitive situation.  If your users/visitors can not add or post material, this section is of less importance and may be removed.

13. U.S. Resident.  The user must be a U.S. Resident.

14. This website does not give professional or legal advice. Users should consult with legal, tax, insurance specialists to evaluate information. The site is not intending for use by minors.

15. User Disputes. User is responsible for their interaction with others on the site. Enter the company name where indicated.

16. User Submissions and Communications; Public Areas.  For the following area, only use if the website has areas that allow public submission or communication (e.g. forums, chat rooms, blogs, etc.).  If the website does not include any of these areas, remove this section and renumber.  If the areas for submission and communication are only open to users with registered accounts, move this paragraph into Section B below and renumber.





User is responsible for their own content and will indemnify the company for any claims that may arise resulting from the users content. This means that if the company was sued over the users content for instance, the user would be responsible for the expenses of the suit as well as for any judgments levied against the website.

When a user submits information to the public area website they have given the website a license to use and reproduce that content. Some public areas are not reviewed by the company and the user is responsible for the content posted in these areas. The company may remove any offensive content and terminate the users account. Fill in the areas in the section where indicated with the company name.  If the site has no registered user accounts, remove mention of such from this paragraph.

17. Arbitration. If a dispute arises, the matter will be settled via arbitration.

18. Limitation on Liability.  This is one of the more important provisions of the agreement. The user enters and uses the website at their own risk. Company disclaims liability of all types that may arise out of the use of the content on this site. Fill in company name where indicated.

19. Indemnity. User agrees to indemnify the company from any claims that result from a violation of these terms of use.

B.

20. Accounts and Security.  Each registered user will be assigned a user name and password.  User will notify company of any breach in security and any fraudulent or abusive activity will result in the termination of the account. Enter the company name where indicated.

Contact Us.  Fill in your email address.





DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 





Terms of Use
Please Read Carefully Before Using This Website:[Company Name] maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the [Website Name] (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.
For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
[Company Name] may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. [Company Name] makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy <provide hyperlink>. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. [Company Name] shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of [Company Name] is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include [Company Name]s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of [Company Name].
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of [Company Name]. You may not use a part of this Website on any other Website, without [Company Name]s prior written consent.
[Company Name] respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of [Company Name] is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [provide email address]
6.  Links
For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only.  However, [Company Name] does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to [Company Name]s website and the products and services [Company Name] offers.  If you decide to access any of the third party sites linked to this Website, you do so at your own risk. [Company Name] reserves the right to terminate any link or linking program at any time. [Company Name] disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
You may not link to this Website without [Company Name]s written permission. If you are interested in linking to this Website, please contact [provide email address].
7.  No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to [Company Name] that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
8.  Spamming
Gathering email addresses from [Company Name] through harvesting or automated means is prohibited.  Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.  Inquiries regarding a commercial relationship with [Company Name] should be directed to: [provide email address]

9.  No Warranties 
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH [Company Name] EXPRESSLY DISCLAIMS. [Company Name] DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND [Company Name] WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. [Company Name]  MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY [Company Name].  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10.  Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of _______ [Mention State] USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
11. Separate Agreements
You may have other agreements with [Company Name]. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with [Company Name].
12.  DMCA  Copyright Policy and Copyright Agent
[Company Name] respects the intellectual property rights of others.  If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(i)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii)   Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv)    Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v)    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Sites Copyright Agent can be reached at:
      [Name]
      [Address]
      [Phone]
      [Fax]
      [Email}
13. U.S. Resident
You represent that you are a United States resident.
14. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other Users. [Company Name] reserves the right, but has no obligation, to monitor disputes between you and other Users.
16. User Submissions And Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify [Company Name] or its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to [Company Name] by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted [Company Name] a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. [Company Name] may sublicense its rights through multiple tiers of sublicenses.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to [Company Name]by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed.  Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. [Company Name] has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
[Company Name] reserves the right (but is not obligated) to do any or all of the following:
(a)   Record the dialogue in public chat rooms.
(b)   Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(c)   Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
(d)   Terminate a Member's access to any or all Public Areas and/or the [Company Name] Site upon any breach of these Terms of Use.
(e)   Monitor, edit, or disclose any communication in the Public Areas.
(f)   Edit or delete any communication(s) posted on the [Company Name] Site, regardless of whether such communication(s) violate these standards.
[Company Name] reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. [Company Name] has no liability or responsibility to users of the [Company Name] Website or any other person or entity for performance or nonperformance of the aforementioned activities.
17. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any [Company Name] confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in _________, [Mention State] USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
18.  Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. [Company Name] SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF [Company Name] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY [Company Name]. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
19. Indemnity
You agree to defend, indemnify, and hold [Company Name], its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts And Security
[Company Name] does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide [Company Name] with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:
(a)   select or use a Login Name of another person with the intent to impersonate that person;
(b)   use a name subject to the rights of any other person without authorization;
(c)   use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify [Company Name] of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.  You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at [Company Name]s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at [provide email address]


Number of Pages15
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#28150
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Terms of Use
Registered and Non-registered User









This Packet Includes:
1. Instructions and Checklist
2. General Information
3. Step-by-Step Instructions
4. Terms of Use Registered and Non-registered User








Instructions and Checklist
Terms of Use
Registered and Non-registered User


   A Term of Use Agreement is an essential component to a website. It establishes the rules and expectations between the parties. As such, the parties should review the document carefully.

   This agreement is broad in scope and can be used on any general website. 

   Make sure that the Term of Use Agreement is displayed in a prominent place on your site so it cannot be missed by the user.

   Laws vary from time to time and from state to state. These forms are not intended to be and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used or signed before first consulting with an attorney to ensure that it addresses your particular situation. An attorney should be consulted before negotiating any document with another party.

   The purchase and use of these forms is subject to the “Disclaimers and Terms Use” found at www.findlegalforms.com.


General Information


Terms of Use
Registered and Non-registered User


All business websites should have a Terms of Use Agreement on their site. It is a legal agreement between the website owners and the internet user.  It sets forth the relationship between the parties and informs them of their respective rights and responsibilities.  Terms of Use can vary depending on the subject matter of the site itself.  However certain concepts remain constant such as privacy concerns, use of information, account security, and limitations of liability. This form is drafted to broadly cover a variety of situations. Generally a Terms of Use agreement should mention the following topics:

Privacy Policy

Privacy is one of the largest concerns for a user of a website.  Most people know by now that the internet is not as secure as once thought. Users need to know that there are some safeguards in place to protect any personal information that is given to the website including names, addresses and credit card information.  In your Terms of Use it should set forth the websites privacy policy, and how any personal information will be used.

Copyright

It should be mentioned in your Terms of Use that the contents of your site are copyrighted.  If you are planning to use someone elses information on your site you should be sure to get their permission before posting it on your own site as well.

Protecting Minors



There are some very specific laws in place that govern the internet and minors.  These laws are governed by the Federal Trade Commission and its a good idea for any website owner to familiarize themselves with them. In the Terms of Use there should be mention made that the website is for users over the age of 18 years old.  If the site caters to or includes minors there are additional rules that should be looked into. Information can be found on the Federal Trade Commission website.





Limiting Liability



The Terms of Use Agreement should provide protection to the website from inappropriate or illegal postings that could occur.  The website should monitor chat rooms and remove offensive content, and include a liability disclaimer in their Terms of Use Agreement.

This particular form has been created for registered or non-registered users. It should be placed prominently on your site so a user cannot miss it.





Step-by-Step Instructions
Terms of Use
Registered and Non-registered User


Introduction.  Enter the company name. This provision states that the user must accept the Terms of Use in order to use the website. Fill in the website name where indicated.

A.

1. Overview. Every user must agree to the Terms of Use. Whether the users are registered or not will determine where they accept the terms under Section A or B.  For registered users, please alter bracketed language to conform with your internal registration process.  It is strongly recommended that a click-through or intentional acceptance mechanism is added to your registration process if not already included.

2. Changes to Terms.  Fill in company name where indicated. This provision states that the company can change the terms of the website without notice. By the user accepting the Terms of Use they are also accepting any changes.

3. Jurisdiction.  This website is created for users residing in the United States only. Fill in Company name where indicated.

4. Scope of Use and User E-Mail. The information accessed by the users of this website is for informational purposes only.  Email may not be secure and the user agrees to not send any defamatory or inappropriate material through email.

5. Copyrights and Trademarks.  The material of the site is copyrighted. Fill in the company name where indicated. The material on this site is for informational purposes and may not be duplicated, distributed, etc. without written permission of the company. The account of any repeated copyright offender will be terminated.

6. Links.   The website may use links, but does not endorse them, nor are they responsible for their content. The Terms of Use policy only apply to this website. You may not link to the website without the companys permission. Fill in the company name and address where indicated.



7. No Unlawful Purpose or Prohibited Use.   The user warrants the will not use the website for any unlawful purpose. Fill in the company name where indicated.



8. Spamming.   Gathering email addresses or posting unsolicited information is prohibited. Fill in the company name and email address where indicated.

9. No Warranties. There are no warranties associated with any of the content of this site. The company disclaims accuracy of information and is not responsible for failure to update the information. The user assumes the risk of obtaining any viruses or harmful components. Enter company name where appropriate.  

10. Governing Law, Location and Miscellaneous.  Enter the name of the state you are doing business in.

11. Separate Agreement.  If you have any other agreements with the company they are separate from this agreement. Enter company name where indicated.

12.  DMCA Copyright Policy and Copyright Agent.  By posting this information, you may be able to limit certain types of damages caused infringing materials added or posted by your users.   If you do post this provision, be sure to work with your designated agent to have a policy in place when you receive a “takedown notice.”  A received notice that is ignored can further enflame what may be a sensitive situation.  If your users/visitors can not add or post material, this section is of less importance and may be removed.

13. U.S. Resident.  The user must be a U.S. Resident.

14. This website does not give professional or legal advice. Users should consult with legal, tax, insurance specialists to evaluate information. The site is not intending for use by minors.

15. User Disputes. User is responsible for their interaction with others on the site. Enter the company name where indicated.

16. User Submissions and Communications; Public Areas.  For the following area, only use if the website has areas that allow public submission or communication (e.g. forums, chat rooms, blogs, etc.).  If the website does not include any of these areas, remove this section and renumber.  If the areas for submission and communication are only open to users with registered accounts, move this paragraph into Section B below and renumber.





User is responsible for their own content and will indemnify the company for any claims that may arise resulting from the users content. This means that if the company was sued over the users content for instance, the user would be responsible for the expenses of the suit as well as for any judgments levied against the website.

When a user submits information to the public area website they have given the website a license to use and reproduce that content. Some public areas are not reviewed by the company and the user is responsible for the content posted in these areas. The company may remove any offensive content and terminate the users account. Fill in the areas in the section where indicated with the company name.  If the site has no registered user accounts, remove mention of such from this paragraph.

17. Arbitration. If a dispute arises, the matter will be settled via arbitration.

18. Limitation on Liability.  This is one of the more important provisions of the agreement. The user enters and uses the website at their own risk. Company disclaims liability of all types that may arise out of the use of the content on this site. Fill in company name where indicated.

19. Indemnity. User agrees to indemnify the company from any claims that result from a violation of these terms of use.

B.

20. Accounts and Security.  Each registered user will be assigned a user name and password.  User will notify company of any breach in security and any fraudulent or abusive activity will result in the termination of the account. Enter the company name where indicated.

Contact Us.  Fill in your email address.





DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 





Terms of Use
Please Read Carefully Before Using This Website:[Company Name] maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of the [Website Name] (the “Website” or “Site”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Website
A. TERMS APPLICABLE TO ALL USERS
1. Overview
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.
For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.
For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your [clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use].
IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
2. Changes To Terms
[Company Name] may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
3. Jurisdiction
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. [Company Name] makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use and User E-Mail
You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.
You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy <provide hyperlink>. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. [Company Name] shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of [Company Name] is strictly prohibited.
5. Copyrights and Trademarks
The materials at this Site, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Site, or portions of the Site, must include [Company Name]s copyright notice. No right, title or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of this Site; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Site without the prior written permission of [Company Name].
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of [Company Name]. You may not use a part of this Website on any other Website, without [Company Name]s prior written consent.
[Company Name] respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of [Company Name] is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [provide email address]
6.  Links
For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only.  However, [Company Name] does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to [Company Name]s website and the products and services [Company Name] offers.  If you decide to access any of the third party sites linked to this Website, you do so at your own risk. [Company Name] reserves the right to terminate any link or linking program at any time. [Company Name] disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.
You may not link to this Website without [Company Name]s written permission. If you are interested in linking to this Website, please contact [provide email address].
7.  No Unlawful Or Prohibited Use
As a condition of your use of the Website, you warrant to [Company Name] that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
8.  Spamming
Gathering email addresses from [Company Name] through harvesting or automated means is prohibited.  Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.  Inquiries regarding a commercial relationship with [Company Name] should be directed to: [provide email address]

9.  No Warranties 
THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH [Company Name] EXPRESSLY DISCLAIMS. [Company Name] DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND [Company Name] WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. [Company Name]  MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY [Company Name].  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10.  Governing Law, Location and Miscellaneous
These Terms of Use shall be governed in all respects by the laws of the State of _______ [Mention State] USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
11. Separate Agreements
You may have other agreements with [Company Name]. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with [Company Name].
12.  DMCA  Copyright Policy and Copyright Agent
[Company Name] respects the intellectual property rights of others.  If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(i)    A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii)   Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv)    Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v)    A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Sites Copyright Agent can be reached at:
      [Name]
      [Address]
      [Phone]
      [Fax]
      [Email}
13. U.S. Resident
You represent that you are a United States resident.
14. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
15. Users Disputes
You are solely responsible for your interactions with other Users. [Company Name] reserves the right, but has no obligation, to monitor disputes between you and other Users.
16. User Submissions And Communications; Public Areas:
You acknowledge that you own, solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify [Company Name] or its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Website accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to [Company Name] by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted [Company Name] a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. [Company Name] may sublicense its rights through multiple tiers of sublicenses.  If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to [Company Name]by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed.  Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. [Company Name] has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
[Company Name] reserves the right (but is not obligated) to do any or all of the following:
(a)   Record the dialogue in public chat rooms.
(b)   Examine an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
(c)   Remove communications that are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use.
(d)   Terminate a Member's access to any or all Public Areas and/or the [Company Name] Site upon any breach of these Terms of Use.
(e)   Monitor, edit, or disclose any communication in the Public Areas.
(f)   Edit or delete any communication(s) posted on the [Company Name] Site, regardless of whether such communication(s) violate these standards.
[Company Name] reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. [Company Name] has no liability or responsibility to users of the [Company Name] Website or any other person or entity for performance or nonperformance of the aforementioned activities.
17. Arbitration
Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any [Company Name] confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in _________, [Mention State] USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.
18.  Limitation of Liability
YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. [Company Name] SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF [Company Name] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY [Company Name]. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
19. Indemnity
You agree to defend, indemnify, and hold [Company Name], its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS
20. Accounts And Security
[Company Name] does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide [Company Name] with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:
(a)   select or use a Login Name of another person with the intent to impersonate that person;
(b)   use a name subject to the rights of any other person without authorization;
(c)   use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify [Company Name] of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.  You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at [Company Name]s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at [provide email address]


Customer Reviews

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Reviews: 3


Union City,

CA

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It is very detailed and very well written. Please take my advise and don't risk your business by copying pasting from some website. I suggest going with the website package.


Littleton,

CO

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No Customer Comments


Medina,

OH

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Very detailed and professional. Had everything needed and more!


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