The Parties agree that the following Disputes are not subject to the above provisions concerning [informal negotiations and] binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND] ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. On this page, your visitors can quickly learn the rules for using the website. We cannot guarantee the Site will be available at all times. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. [Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms and Conditions. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; make improper use of our support services or submit false reports of abuse or misconduct. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. To protect your business, simply download our free terms and conditions template and tailor it to suit your specific needs by referencing our writing terms and conditions guide. The user must actively check the box which equates to them basically stating that they accept the Terms, meaning they are legally bound to them. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. Choose your Policies . This section should include a special clause regarding user-generated content in forums and comments. Having terms and conditions isn’t a legal requirement, but they are critical to maintaining your rights and protecting your business. Terms and conditions also explain the rules the website administrator will abide by. They will know what's expected of them an… Please review our Privacy Policy [CLICK HERE]/posted on the Site]. Therefore, it’s in your best interest to create a terms and conditions template for your services, and display the agreeme… Example 1 I accept the Terms and Conditions. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. View our library of free templates. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in [name of county] County, [name of state]. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: Our terms and conditions sample text is suitable for the following websites and platforms: Looking for a specific terms and conditions sample? It's really best to display them any time you want users to be aware of your terms. Our Terms & Conditions Example Generator will create a sample terms & conditions document for your site. Option 1: The Site is intended for users who are at least 18 years old. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms and Conditions (each a “Dispute” and collectively, “Disputes”), any Dispute brought by either you or us (individually, a “Party” and collectively, the “Parties”) shall be finally and exclusively resolved by binding arbitration. The terms clearly define what is considered acceptable use of Apple’s services, and importantly, what is not. We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.]. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Even if your website is not for your business or any commercial structure, you will be better off with a Terms and Conditions agreemnent. Google Play has a well-drafted User Generated Content clause within its policy: Purina goes as far as having a separate User Generated Content Terms and Conditions Policy that applies to its message boards, blogs, social networks and comment boards: Our Free Terms and Conditions Generator is created to help you generate a professionally drafted agreement that can include various terms & conditions for your site & app. Your Terms are unenforceable if the user has not said that they agree to them. As a pop-up — As well as including them in the footer, you can have a pop-up appear when users access your site for the first time. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Create your terms and conditions in minutes. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. If you’re writing your own, make sure your terms and conditions content strikes the same balance. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Read through various terms and conditions you find to get ideas about how to structure your terms and conditions. The company also waives responsibility for screening user-submitted content in comments and forums, while establishing its right to use and license any such material as it sees fit. If you’re going to tackle writing this agreement yourself, here are our top two tips: A small blog or website will be safe using a generic terms and conditions template, but businesses need to include clauses specific to their operations. START FREE. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Particularly useful if you offer software as a service (SaaS) applications, this section protects you from abusive users by giving you the right to suspend user accounts and delete any content they post. It must be a separate document, but you can include a link in this section of your terms and conditions. Although the terms of service page might be the most boring place on your site, you still need to have it. Food waste app Too Good To Go gets agreement to its Terms and Conditions via checkbox at sign up: When a user clicks this box, it will be very clear to all parties involved that the user is definitely agreeing to the terms and to be bound by them. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Another way to boost trust with your users is to have a well-written return policy. Walmart's Terms of Use agreement contains a thorough Limitation of Liability clause: Facebook's Terms of Service also contains a carefully drafted clause that limits the company's liability: This clause tells users what is protected by copyright law and is important to make sure there are no misunderstandings about the ownership of the website or apps content. The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms and conditions; (2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms and Conditions or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application; (3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application; (4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; 6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms and Conditions against you as a third-party beneficiary thereof. Use at your own risk. A terms and conditions policy, also known as terms of service or terms of use, is a legal document that is developed to protect the company. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation. This is because your T&C will do two things. Although it’s written in friendly language, the terms are still explicit and legally rock-solid. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. In the Content box, enter the full text of the terms and conditions of the sale. September 30, 2019 | By Termly Legal Team | Reviewed By Masha Komnenic CIPP/E, CIPM, CIPT, FIP, Home Resources Templates Terms and Conditions Template. use the Site in a manner inconsistent with any applicable laws or regulations. All this does is confirm before submitting the form that the checkbox is checked. Copying terms and conditions from a reputable company won’t help you emulate them — instead, it could confuse users and potentially land you in legal trouble. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. If users don’t understand your terms, they can’t be expected to agree to them. Any violations … Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. We hope we’ve helped you on your path to making your website or app legally compliant. Include a link to your T&C in your website's footer so that anyone looking for it is able to locate it easily. use any information obtained from the Site in order to harass, abuse, or harm another person. The company decided to use the laws of the State of California to dictate arbitration, which is where Apple is located. difference between a terms of use and a privacy policy. We care about data privacy and security. Thanks for downloading our free template! HTML5 required input. They can be tailored to suit your business needs and set out rules and guidelines for your customers to follow. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. Terms and conditions for user access. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. You may see Terms and Conditions agreements referred to as Terms of Service (ToS) or Terms of Use (ToU). [If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]. Terms of service have two synonyms, including Terms and Conditions and Terms of Use. 1.3 “Affiliate” has the meaning defined in section 3.2. This article will guide you through creating a Terms and Conditions agreement for your business by covering what these agreements are, what their benefits are, how to create your own and then how to display and get agreement to it. The General Data Protection Regulation (GDPR) — Europe’s strict privacy law that applies to companies worldwide with EU users — does not directly affect the terms and conditions of your website. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. The best way to get users to agree to your Terms is by including a checkbox that users must check that makes it clear that by checking the box, the user is agreeing to be bound by the Terms. These Terms and Conditions shall remain in full force and effect while you use the Site. These terms and conditions for a website set out key issues such as acceptable use, privacy, cookies, registration and passwords, intellectual property, links to other sites, termination and disclaimers of responsibility. The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. Please read these terms and conditions carefully. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. Expand the component below to view our standard terms and conditions template in its entirety, or click the button to download the sample in Microsoft Word and PDF file formats. *Scroll down the page to find SMS Terms and Conditions for Enterprise Customers. Enter your email address where you'd like to receive the new Free Terms and Conditions and click "Generate": Once generated, you can copy and paste your Free Terms and Conditions agreement on your website or app or link to your hosted Free Terms and Conditions page. attempt to impersonate another user or person or use the username of another user. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. There are a number of benefits that a Terms and Conditions agreement provides. This clause creates user guidelines for your website or app. Without a Terms and Conditions agreement your business and customers are lacking clearly defined rights, responsibilities and duties. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. When you create or make available any Contributions, you thereby represent and warrant that: Any use of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Site. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. To keep yours enforceable in a court of law, make sure it's clear and unambiguous. delete the copyright or other proprietary rights notice from any Content. Benefits of Having a Terms and Conditions Agreement, Clauses For Your Terms and Conditions Agreement, How to Display Your Terms and Conditions Agreement, How to Get Agreement For Your Terms and Conditions, 5 Key Legal Agreements Your Business Needs, Terms and Conditions for E-commerce Stores, Privacy Policies versus Terms and Conditions, Free Terms and Conditions Sample Template, Free GDPR Data Processing Sample Template.
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