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.
In May 2025, as part of a settlement of litigation involving college football, a new entity was created called the College Sports Commission (“CSC” or “Commission”). See news media reports here and here. Among many other purposes, the CSC will monitor and approve name, image, and likeness (“NIL”) agreements for college athletes. As the term […]
Read more about Fairness Factors For Your College NIL Agreement
Trademarks are words, designs, symbols, logos, and other things that are used/associated with goods or services that identify the specific commercial source of the goods/services. COCA-COLA, APPLE, and GUCCI are just a few famous examples. If COCA-COLA is on the bottle, consumers know what to expect from the beverage in the bottle. The same for […]
Read more about Is a “Fanciful” Trademark the Best Type of Trademark?
Getting an endorsement deal as a social media influencer may be a seminal event financially and for the progress of your career. However, the question always has to be asked whether your endorsement deal is fair. In other words, are you getting paid what you are worth? There are a number of factors that can […]
Read more about Is Your Social Media Influencer Endorsement Deal Fair?