If you are an E-commerce store owner it’s important that you adopt a terms of use agreement (or terms and conditions) that is custom crafted for your situation, and here’s why. Terms of use agreements define the relationship between you and your audience, which in your case is your customer. It sets the tone for the licensing of your intellectual property, for the resolution of disputes, and for the limitation of liability for your sale of products or services.
It’s important that you hire an attorney to draft a custom terms of use agreement that deals specifically with your business model. If you don’t, you can end up with a lot of problems. For example, I recently had a client that had a custom terms of use agreement drafted who was able to resolve his dispute through arbitration instead of federal court or state litigation. If you don’t do that, and use a terms of use agreement that you’ve received from your E-commerce card provider for example, you may find yourself fighting a claim in the state courts of California, which is a lot of times what the terms of use agreements that are given to you by default by these cart providers say.
It’s important that you actually get a custom define terms of use agreement (or terms and conditions) and implement it properly. If you need one contact us and we can help you out.
The answer to this question is complex and nuanced. In the last decade or so, it has become fashionable to insist there is some stark dichotomy between what a trademark is and what a brand is. But the difference is not as stark as some marketers would like you to believe. The traditional definition of […]
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The Circle R and the TM symbols both relate to trademarks and both can be physically placed on products, packaging, advertising materials, websites, etc. The Circle R symbol is an “R” enclosed in a circle (®). While both are trademark-related symbols, there are different eligibility requirements for use, meanings, and implications. Here is a quick […]
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E-commerce businesses must comply with federal and State-level advertising laws and regulations. This is true of any business. But e-commerce businesses face special challenges because there is a whole array of potential methods of innocently, accidentally, or intentionally violating advertising laws. These include the potential to engage in false and deceptive advertising practices, such as […]
Read more about Is Your E-Commerce Advertising in Compliance With Existing Laws?