Bolt Image

Terms and Conditions Template

Masha Komnenic CIPP/E, CIPM, CIPT, FIP

by Masha Komnenic CIPP/E, CIPM, CIPT, FIP

May 4, 2022

Build My Terms and Conditions

A terms and conditions agreement outlines the rules that your website or mobile app users must follow. They usually cover topics such restricted behavior, payment terms, acceptable use, and more that we cover below.

Read on to learn more about terms and conditions agreements, why you should have one, and how to implement one using our sample terms and conditions template.

Table of Contents
  1. What Is a Terms and Conditions Agreement?
  2. Is a Terms and Conditions Legally Required on My Website?
  3. Reasons to Have a Terms and Conditions
  4. Information To Include in Your Terms and Conditions
  5. Tips for a Good Terms and Conditions Agreement
  6. Where to Post Your Terms and Conditions
  7. How To Enforce Your Terms and Conditions Agreement
  8. Terms and Conditions Examples
  9. Terms and Conditions FAQs
  10. Download Sample Terms and Conditions Template
  11. Summary

What Is a Terms and Conditions Agreement?

A terms and conditions agreement outlines the website administrator’s rules regarding user behavior and provides information about the actions the website administrator can and will perform.

Essentially, your terms and conditions text is a contract between your website and its users. In the event of a legal dispute, arbitrators will look at it to determine whether each party acted within their rights.

Creating the best terms and conditions page possible will protect your business from the following:

  • Abusive users: Terms and Conditions agreements allow you to establish what constitutes appropriate activity on your site or app, empowering you to remove abusive users and content that violates your guidelines.
  • Intellectual property theft: Asserting your claim to the creative assets of your site in your terms and conditions will prevent ownership disputes and copyright infringement.
  • Potential litigation: If a user lodges a legal complaint against your business, showing that they were presented with clear terms and conditions before they used your site will help you immensely in court.

In short, terms and conditions give you control over your site and legal enforcement if users try to take advantage of your operations.

Is a Terms and Conditions Legally Required on My Website?

Technically, no. You aren’t legally required to have a terms and conditions agreement.

However, having terms and conditions for websites is considered standard business practice in the US, Canada, the UK, and just about everywhere else — from South Africa to Australia.

If you plan to grow your business or expand your user base, a simple website terms and conditions page will provide your site with an additional layer of legal protection.

Reasons to Have a Terms and Conditions

Besides giving your business more legal protection, you should also have a terms and conditions agreement on your website for the following reasons:

To Set Liabilities Limits

Almost every terms and conditions agreement has a warranty or limitations of liability disclaimer. We’ll cover it in more detail in our section about what clauses to include in your terms and conditions, but this clause essentially limits what customers can hold you liable for.

Most companies restrict liability for:

  • Inaccuracies and errors
  • Lack of enjoyment
  • Product or website downtime
  • Viruses, spyware, and product damage

To Outline Policies and Avoid Abusive Behavior

Many companies use their website’s terms and conditions to lay down the rules that users must agree to and follow before accessing your website or service.

Most of these rules revolve around how users should interact with others and what they can and can’t post or do.

To Terminate Abusive Users’ Accounts

Your terms and conditions agreement is also a great place to list when and why you can terminate the accounts of abusive users. Most companies, for instance, will ban users if they’re using the platform or site for illegal activities, bullying other users, and unauthorized web scraping.

Keep Others From Copying Your Content

Another reason for having a terms and conditions agreement is to disclose and protect your intellectual property rights.

Adding an intellectual property disclosure clause to your terms and conditions text informs users of your intellectual property rights, such as your logos, content, and other protected ideas and marks.

If you catch your users copying your content, you can take legal action against them since your terms and conditions agreement is legally binding.

To Outline Governing and Applicable Laws

Finally, you should have a terms and conditions agreement to inform users which federal or state laws — or both — govern your agreement.

If a dispute arises between you and your user, the court will use the governing law to interpret the terms and conditions agreement and its effects.

Information To Include in Your Terms and Conditions

Terms and Conditions agreements contain a broad range of guidelines for how you and your users can use your service or site.

Even short terms and conditions agreements should include several vital clauses to safeguard your business. Otherwise, your website’s terms and conditions agreement will be incomplete, exposing you to many legal risks.

Here’s what you should include in your terms and conditions agreements to prevent such misunderstandings and others:

Introduction

Your terms and conditions agreement should start with an introduction that lets users know they’re reading a terms and conditions agreement.

You should also mention that anyone using your service, platform, or site must follow the terms.

Here’s an example of how Apple introduces its Terms and Conditions:

apple-terms-and-conditions-intro

Governing and Applicable Laws

As touched upon above, you need to establish what national or state law governs the agreement between you and the users. Most companies choose the law of their state or country or the country where users access their site or app.

Most governing law clauses are short and straightforward. Spotify, for instance, consists of only four lines.

spotify-terms-and-conditions-governing-body-clause

Disputes and Indemnification

You should establish that if someone were to distribute your website or its products/services, it would get handled by the proper courts or arbitration.

Outline that you have a right to and will use appropriate legal counsel

Contribution Clause

If your site or application allows users to create content, you should include a contribution clause telling users what rights they have to the content they create through your application or website.

Contribution clauses can be quite lengthy, particularly if the platform allows users to create many types of content and join different community activities, such as contests and media programs.

For example, YouTube’s contribution clause — which they call “Your Content and Conduct” — has eight sections for addressing the following:

  1. Uploading content
  2. Rights you grant to YouTube and other users of the service
  3. License to YouTube
  4. License to other users
  5. Duration of licenses you grant
  6. The right to monetize
  7. How to remove your content
  8. How YouTube can remove your content

youtube-contribution-clause

Third Parties

This clause tells users that you are not responsible for any third-party services or sites to which your site links.

You should also tell users that they are solely responsible for reading the legal policies, rules, and terms and conditions of third-party sites and services.

This is how Vox discloses third-party links:

vox-third-party-links

Disclaimer and Warranty

A disclaimer states that your site is available on an “as-is and as-available basis” and that users use it at their own risk.

Essentially, this clause states that you are not responsible for any damage that your service, product, or website may potentially cause a user.

This is an example of a disclaimer warranty from the popular video game Minecraft:

minecraft-disclaimer-warranty

User Registration

If your site allows users to create user profiles, add a user registration section.

This section will limit your liability by reminding users that:

  • Their user credentials should always be kept confidential.
  • They are responsible for keeping their usernames and passwords safe from others.
  • They need to contact you immediately if their credentials get stolen, or they believe someone has gained unauthorized access to their accounts.

Acceptable Use

An acceptable use clause outlines what user actions and behaviors are acceptable, including following other policies and terms.

It also outlines what may be inappropriate and what actions you may take if a user does not comply. You can further outline this in the “Prohibited Activities” and “Suspension and Termination” sections (discussed below).

Check out how the popular travel app Hopper informs users of acceptable use:

hopper-acceptable-use

Prohibited Activities / Restrictions

Explicitly listing prohibited activities is another way to stop visitors from misusing your site.

This section should include a special clause regarding user-generated content in forums and comments so you can remove offensive usernames and posts.

If your company has extensive user guidelines, you can create a separate user guidelines page and link to it here. For example, that’s what Spotify did.

spotify-terms-and-conditions-user-guidelines-link-example

To give you a better idea of what this section should address, here are some of the prohibited activities in Spotify’s User Guidelines:

  • Removing or changing any trademark, copyright, or any other intellectual property notice
  • Using any other user’s username or password
  • Posting user content or registering usernames that are abusive, pornographic, offensive, obscene, discriminatory, or advocate violence
  • Using Spotify for illegal activities
  • Using the service to expose proprietary or confidential information of a third party or yourself that’s not intended to be shown to the world
  • Copying or importing local files that you don’t have the legal rights to copy or import
  • Scraping or crawling, whether by automated means or manually, to access, view, and collect information
  • Reverse-engineering, dissembling, decompiling, modifying, or creating derivative works unless this restriction is specifically prohibited by applicable law
  • Blocking advertisements or creating or distributing tools for blocking advertisements

Term and Termination

A term and terminations section protects you from abusive users by giving you the right to suspend user accounts and delete any content they post. 

This clause is particularly useful if you offer Software-as-a-service (SaaS) applications.

For example, Etsy has a termination clause that outlines the circumstances and consequences of termination either by Etsy or the user.

etsy-terms-and-conditions-termination-clause

Suspension and Termination

Explain when you can suspend and terminate users for inappropriate behavior.

Most companies will ban users for the following:

  • Advocating violence
  • Posting discriminatory, abusive, threatening, pornographic, or offensive content
  • Using the platform or site for illegal activities
  • Sending junk mail, spam, or chain letters
  • Exposing another user’s personal information, including username(s) and password(s)

Limitation of Liability and Warranty

Every company that manufactures and sells products uses this clause to limit what customers can hold them accountable for.

Most startups will restrict liability for the following:

  • Lack of enjoyment, since it’s subjective and prone to change.
  • Damage caused by viruses, spyware, or software damage.
  • Damage caused by third parties.
  • Modifications and interruptions — while you can include them as a separate clause as covered below, many companies choose to have it as part of their limitation of liability and warranty clause.
  • Errors and inaccuracies — as with modifications and interruptions, you can choose to include errors and inaccuracies in a separate “corrections” section. However, most companies choose to include it under this clause.

Also, remind customers from certain jurisdictions that these limitations of liability may not apply to them and that they may have additional rights.

Some jurisdictions, such as Quebec, have consumer protection laws that don’t allow limitations of certain damages.

If your business is related to anything high-risk, consider having a specific section or disclaimer about this to protect yourself.

Modifications and Interruptions

This clause limits your liability if users claim any loss or damage because they can’t use your site.

It accomplishes this by giving you the right to change or delete anything on your site and states that users may encounter hardware problems and downtime.

Here’s a good example — taken from our own Terms and Conditions — of how to phrase this section:

termly-terms-and-conditions-modifications-and-interruptions-example

Corrections

We’re all human. If you make errors on your site, you need to remind users that you’re not liable.

This section covers your back just in case there are any mistakes in your content, allowing you to update it with the correct information at any time.

Here’s a great example from our Terms and Conditions:

termly-terms-and-conditions-corrections-example

Site Management or Support

Add a site management or support clause to tell users how you run your site or service. This clause will give users a better understanding of how your service works.

Companies typically include clauses that detail:

  • When they provide updates
  • When they monitor the site or service
  • When they perform routine inspection or system administration
  • Situations when they can refuse service or access to existing users and individuals
  • When they provide the service (i.e., 24/7/365)
  • When the help desk is available

If you offer complex services, you may want to include more clauses to explain how your service works.

For example, GBG — an identity verification and fraud prevention service provider — has a long site management or support clause that addresses the above as well as the following:

  • When they allow users to access reports on service usage
  • How long they maintain old versions of the web service interface
  • How fault reporting works and when process updates occur
  • How service restoration works for different service levels

Pricing

If your service sells memberships or products, you need to include a section on how you charge customers.

Use phrases such as “as available” for services and “as provided” for items to lower the chances of disputes.

To demonstrate that you are dedicated to transparency, you also need to list:

  • How you will handle transactions. For example: How long does it usually take to ship items? Or, how can customers get refunds?
  • All shipping costs. Consider linking to your shipping policy if you’re running out of space.
  • Acceptable payment methods.

Deliveries

If products or services are delivered, outline specifics like what happens if:

  • There are shipping delays
  • Products get damaged during shipping
  • Packages get stolen after delivery
  • Services are faulty

Returns and Refunds

This section can be included under the pricing clause or be on its own. It should outline under what circumstances a customer may receive a refund (if at all) and what form of payment they may receive money back (product replacement, cash refund, site or store credit, etc.)

You can also include what happens in the case of damaged and defective goods or services.

Intellectual Property Notice

An intellectual property notice tells users about your intellectual property rights, such as your copyrighted and trademarked logos, photos, copy, and other protected ideas and marks.

This section is pretty straightforward and doesn’t need to be lengthy.

Simply state that by agreeing to your website terms and conditions, users are agreeing that:

  1. You own these marks and ideas.
  2. They will not sell, modify, rent, loan, share, or distribute your content in any way.
  3. They will not use your material in any manner except for noncommercial, personal uses.

Digital Millennium Copyright Act Notice and Policy

Your website’s terms and conditions should also explain the rules the website administrator will abide by.

This section specifies that you will remove any material that infringes users’ copyright according to the Digital Millennium Copyright Act.

Contact Information

Finally, you need to inform readers how they can reach you if they have any questions or concerns about your service and policies.

Most companies include at least two contact methods, which can include:

  • Email address
  • Online chat service
  • Postal address
  • Email address
  • Telephone number
  • Fax number

Privacy Policy

A privacy policy must live as a separate document, but it’s sometimes part of the terms and conditions.

It keeps you in compliance with governments’ privacy laws and prevents you from being fined.

Tips for a Good Terms and Conditions Agreement

Creating a terms and conditions agreement can be tricky — the final agreement must be legally sound and easy for users to understand. If you’re going to tackle this on your own, here are some of our best tips on how to write a terms and conditions agreement:

Don’t Copy Terms and Conditions Text from Another Website

Although it’s tempting to copy your terms and conditions text from another site, this is a surefire way to get in trouble.

Firstly, terms and conditions always need to be tailor-made for your site.

While most terms and conditions use similar language, many clauses are highly specific to the site for which they are created. Therefore, you can’t just copy terms and conditions text from another site and expect it to work for your site.

Secondly, you may end up with an incomplete terms and conditions agreement if you just copy it from another site. Unfortunately, many sites — especially smaller ones — have incomplete or plagiarized terms and conditions that don’t sufficiently insulate them from legal and financial risks.

What’s more, copying another site’s terms and conditions may also land you in legal trouble for plagiarism. This is particularly true if you copy your terms and conditions from a reputable company.

Use Clear Language and Avoid Legalese

You can’t expect your users to agree to your terms and conditions if they don’t understand them.

Use simple language instead of complicated legalese makes life easier for your visitors. It also strengthens your defense if users decide to take legal action against you.

Here’s a case that illustrates the power of clear language in legal documents: In 2019, Google received a GDPR fine of €50 million (~63 million USD) because its agreements weren’t accessible to users and it wasn’t transparent enough.

Seek Legal Advice From an Attorney

Consider seeking help from an experienced corporate attorney when working on the more legal sections and clauses of your terms and conditions.

If they’re willing — and you have the budget for it — you can also ask your attorney to read through your whole agreement to see if anything needs fixing.

Consider If Minors Use Your Service

You should also think about the target market of your site.

If your target market includes minors, you need to have a “Children” or “Youth” section that outlines how the parents of the minors can consent before letting their children use your site.

Use Your Brand’s Voice

Your terms and conditions are part of your site and brand. Use the same style, sentence length, and tone as other pages on your site. Otherwise, your users may get confused.

Use a Managed Solution

Including so many sections in your terms and conditions can be overwhelming. That’s why you should consider using our automated terms and conditions solution.

Instead of coming up with each clause from scratch, all you have to do is answer a few questions about your company and your user base, and we’ll do the rest.

Where to Post Your Terms and Conditions

Once you’ve created a terms and conditions agreement, you need to display it in a prominent area of your website or app.

Here are the top six places to put your terms and conditions:

Inside Current Legal Policies

Link your terms and conditions in other legal documents on your site, such as your End-User License Agreement (EULA) or privacy policy.

Since users typically read all of your site’s legal notices in one go, these links will make it easier for them to understand what they’re agreeing to by joining your site.

Informational Menus or Sections

Placing your terms and conditions in informational menus and sections throughout your site will remind users that they can read your terms and conditions at any time.

It will also make it easier for them to access your website’s terms and conditions as needed.

Website Footer

Most companies put their terms and conditions in the footers of their sites. So that’s where visitors typically expect to see a link to your site’s terms and conditions.

Banners and Pop-Ups

You should also put a link to your terms and conditions on a pop-up or banner that appears whenever users access your site for the first time.

This placement will give you an advantage in the event of a legal dispute because you can demonstrate that you showed the user your website terms and conditions before they started using your service.

During Sign-Up

Another great place to link to your terms and conditions agreement is during the sign-up process.

As with banners and pop-ups, placing a link to your terms and conditions during the sign-up process will give you an advantage in court.

During Checkout

Last but not least, you should link your terms and conditions during checkout. Doing so will shield you from legal and financial risk, particularly if your terms and conditions have detailed pricing disclosure and site support clauses.

For example, let’s say you run a laptop store and accidentally send a customer the wrong item. You can point to your site support clause to cancel the order to avoid miscommunications and liabilities.

How To Enforce Your Terms and Conditions Agreement

Merely having a terms and conditions page and placing links to it throughout your website isn’t enough to get agreement, at least in the eyes of the court.

In most jurisdictions, including the US, and the UK, you need clear evidence that users have read and consented to your terms and conditions. That’s why you should consider clickwrapping your terms and conditions.

Clickwrap forces users to manually click a button or checkbox to indicate that they’ve read and accepted your terms and conditions before they can use your site or service.

Terms and Conditions Examples

Most companies, at minimum, have a basic terms and conditions agreement for their website, app, or online store.

Although it’s important to avoid copying another policy, taking inspiration from other sites’ terms and conditions can help you kickstart your terms and conditions creation process.

Create Your Free Terms and Conditions Using Termly

Here’s how you can use Termly’s generator to create comprehensive and customized terms and conditions like the examples below:

Step 1: Go to Termly’s terms and conditions generator.

Step 2: Answer a few simple prompts and questions, and go through all of the steps until you reach “Final Details.”

terms-and-conditions-generator-preview-for-snippet

Step 3: Once you’ve filled in everything and you are satisfied with the preview, click “Publish.” You will then be prompted to create an account on Termly so you can save and edit your terms and conditions further.

Here are some great examples of terms and conditions agreements:

McDonald’s Online Services Terms and Conditions

First, let’s take a look at McDonald’s terms and conditions.

The first thing you’ll notice when you go on their site is that McDonald’s terms and conditions link is easy to find on their site since it’s in the footer:

mcdonalds-terms-and-conditions-location-in-footer-example

McDonald’s terms and conditions text is also easy to understand. It’s written in a simple, straightforward way that matches their brand and general tone, so anyone can get a clear picture of what they’re agreeing to.

At the same time, the terms are still explicit and legally rock-solid.

A great example is its limitations on liability and disclaimers clause:

mcdonalds-terms-and-conditions-limitations-on-liability-example

As you can see, McDonald’s has bolded the parts to which users need to pay attention. Although most sites typically have legalese-heavy limitations on liability and disclaimer clauses, they’ve also made each sentence short and to the point.

AT&T Terms and Conditions

Another great example comes from one of the world’s largest telecommunications companies, AT&T.

AT&T’s terms and conditions are incredibly detailed and comprehensive.

The company includes a clickable table of contents to make them easier to navigate. Consider doing the same if you have lengthy terms and conditions.

att-terms-and-conditions-example

AT&T has given special consideration to passwords and security because it collects a substantial amount of personal data from customers.

At the same time, it protects itself from liability by controlling user expectations. Specifically, it says that there is “no such thing as ‘perfect security.'” However, the company will take “reasonable steps to ensure the safety of [users’] personally-identifying information.”

att-terms-and-conditions-security-example

AT&T 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 your site allows users to post content that is accessible to the public, you may wish to include a similar section in your terms.

att-terms-and-conditions-user-submitted-content-example

Apple Terms and Conditions

Apple’s terms and conditions have been very carefully crafted by its legal team. The terms clearly define what is considered acceptable use of Apple’s services and, more importantly, what is not.

Apple also conspicuously designates the governing law that they will use to arbitrate all disputes. The company has decided to use the laws of the State of California to dictate arbitration, which is where Apple is located.

apple-terms-and-conditions-govering-law-clause-example

However, your governing law doesn’t necessarily need to be your company’s physical location. For example, some companies select the law of the state or country from which users are accessing their services.

Apple also has a solid user guideline section that outlines what constitutes impermissible behavior. For instance, it says that users may not:

  • Use “robot,” “spider,” or other automatic algorithms to copy, access, or monitor any part of Apple’s site or content.
  • Try to gain unauthorized access to any feature or portion of the site or any networks or systems connected to the site.
  • Scan, probe, or test the vulnerability of the site or any network connected to it.
  • Breach the authentication or security measures on the site or any network connected to it.
  • Create headers or manipulate identifiers to hide the origin of any transmittal or message you send to Apple, through the site, or any service offered through or on the site.

apple-terms-and-conditions-use-of-site-clause-example

Terms and Conditions FAQs

Is a Terms and Conditions agreement legally required?

You’re not legally required to have a Terms and Conditions agreement. There are, however, many advantages to having one for you as well as for your users or customers.

As well as increasing your control over your platform, it will help your users understand your rules, requirements, and restrictions for using your site or app.

What are the benefits of having a Terms and Conditions agreement?

There are several benefits of having a Terms and Conditions agreement, but the main one is that you dictate and control how your website or app gets used.

You’ll be able to list your rules and requirements, disclaim warranties, limit your liabilities, and maintain the right to terminate accounts that don’t adhere to your rules.

Your users will also benefit from your Terms and Conditions agreement because your expectations will be clear from the beginning. For example, they will know what they are and are not allowed to do, how they can and cannot act, how you will handle certain situations such as arbitration, and how they can terminate their accounts.

Your Terms and Conditions will also save you the headache of having to constantly answer the same questions over and over again.

What clauses should be in my Terms and Conditions agreement?

Some clauses are specific to certain types of businesses and won’t be found in all Terms and Conditions agreements. For example, you won’t need a clause about subscription payment terms if you don’t offer paid subscriptions.

There are some Terms and Conditions clauses that will only be applicable in certain situations. For example, you don’t need a payment terms clause if you don’t collect any payments.

However, just about every Terms and Conditions agreement should have the following:

  • An introduction
  • A clause indicating your right to make changes to the agreement
  • User rules, restrictions, and requirements (Guidelines)
  • A clause outlining your copyright and intellectual property
  • Governing law for arbitration and litigation
  • A warranty disclaimer clause
  • A limitation of liability clause
  • A clause outlining termination of accounts/service
  • Your contact information

The number of total clauses you have will depend on your website or app’s complexity. Additionally, some more specific clauses are:

Some business-specific clauses include the following:

  • Payment terms
  • Canceling service or subscription
  • Refunds
  • User-generated content

Where do I display my Terms and Conditions agreement?

Display your Terms and Conditions agreement in the following places, where applicable:

You can display your Terms and Conditions agreement in a few places, such as:

  • A link to it from your website footer so that it’s always accessible
  • In an information menu within your app
  • Your user account creation flow — is a good place to inform users of your rules, requirements, etc.
  • On a checkout page as a helpful reminder for customers
  • On any page where you feel users would benefit and need a reminder

Your Terms and Conditions should be accessible at all times and at various touchpoints with your users.

Are “terms and conditions” and “terms of use” the same?

Terms and conditions, terms of use, and terms of service usually refer to the same legal agreement. If you use our terms and conditions template or our terms and conditions generator, you will be able to select the name you prefer for your legal document.

Download Sample Terms and Conditions Template

Expand the component below to view our free sample terms and conditions template in its entirety, or click the button to download the sample in Microsoft Word and PDF file formats.

Both template formats can be easily added to the HTML of your site.

Website Terms and Conditions [Text Format]

Last updated [Date]

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [business entity name] (“we,” “us” or “our”), concerning your access to and use of the [website name.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you

Full View

Website Terms and Conditions [Text Format]

Last updated [Date]

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [business entity name] (“we,” “us” or “our”), concerning your access to and use of the [website name.com] website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. 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.

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.

It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms and Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

These terms and conditions were created by Termly’s Terms and Conditions Generator.

Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.

Option 2: [The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

[(1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary;]

(3) you have the legal capacity and you agree to comply with these Terms and Conditions;

[(4) you are not under the age of 13;]

(5) not a minor in the jurisdiction in which you reside [, or if a minor, you have received parental permission to use the Site];

(6) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;

(7) you will not use the Site for any illegal or unauthorized purpose;

(8) your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  3. use a buying agent or purchasing agent to make purchases on the Site.
  4. use the Site to advertise or offer to sell goods and services.
  5. 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.
  6. engage in unauthorized framing of or linking to the Site.
  7. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
  8. make improper use of our support services or submit false reports of abuse or misconduct.
  9. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  10. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  11. attempt to impersonate another user or person or use the username of another user.
  12. sell or otherwise transfer your profile.
  13. use any information obtained from the Site in order to harass, abuse, or harm another person.
  14. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
  15. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  16. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
  17. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  18. delete the copyright or other proprietary rights notice from any Content.
  19. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  20. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  21. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  22. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  23. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  24. use the Site in a manner inconsistent with any applicable laws or regulations.
  25. [other]

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”).

Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  3. you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  4. your Contributions are not false, inaccurate, or misleading.
  5. your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. your Contributions do not violate any applicable law, regulation, or rule.
  10. your Contributions do not violate the privacy or publicity rights of any third party.
  11. your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. 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.

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.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site [or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts], you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site.

You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

(1) you should have firsthand experience with the person/entity being reviewed;

(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;

(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

(4) your reviews should not contain references to illegal activity;

(5) you should not be affiliated with competitors if posting negative reviews;

(6) you should not make any conclusions as to the legality of conduct;

(7) you may not post any false or misleading statements;

(8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

MOBILE APPLICATION LICENSE

Use License

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.

You shall not:

(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;

(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;

(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;

(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;

(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;

(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;

(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;

(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;

(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

Apple and Android Devices

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.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.

You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account.

By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account.

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.

Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content.

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.

You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). 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.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. 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.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. 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.

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. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.

[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

(1) monitor the Site for violations of these Terms and Conditions;

(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;

(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

(4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;

(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy [CLICK HERE]/posted on the Site]. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

[Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.]

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. 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.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;

(3) 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, and information reasonably sufficient to permit us to locate the material;

(4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

(5) 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;

(6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter Notification

If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

(1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;

(2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;

(3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent;

(4) your name, address, and telephone number;

(5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;

(6) your physical or electronic signature.

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.

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. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

[Name]

Attn: Copyright Agent

[Address]

[City, State Zip]

[email]

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. 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.]

TERM AND TERMINATION

These Terms and Conditions shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. 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.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

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.

MODIFICATIONS AND INTERRUPTIONS

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. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

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. 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.

Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of the State of [name of state] applicable to agreements made and to be entirely performed within the State/Commonwealth of [name of state], without regard to its conflict of law principles.

DISPUTE RESOLUTION

Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) 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.

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. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than ______ years after the cause of action arose.

Option 2: Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ______ days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party.

The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. 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].

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.

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.

Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms and Conditions.

In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than _____ years after the cause of action arose. 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.

Option 3: Binding Arbitration

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.

YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org.

Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. [If such costs are determined to by the arbitrator to be excessive, we will pay all arbitration fees and expenses.]

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.

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]. 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.

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.

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. In no event shall any Dispute brought by either Party related in any way to the Site or Services be commenced more than ______ years after the cause of action arose.

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.

Option 2/Option 3: Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. 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.

Option 2/Option 3: Exceptions to [Informal Negotiations and] Arbitration

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.

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.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. 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.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

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.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

[NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE [_________] MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING [OR] [$_________]. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. 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.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

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.

MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:

[Corporate Name]

[Corporate Address]

[Corporate Phone Number]

[Corporate Fax Number]

[Email Address]

Our terms and conditions sample texSt is suitable for the following websites and platforms:

  • Small business website
  • Online shop
  • Mobile app
  • E-commerce / online store
  • Online store
  • Affiliate program
  • Retail website
  • Online payment
  • Subscription
  • Free trial
  • Online sales
  • Forum
  • Blog
  • Desktop app
  • Software as a Service (SaaS)
  • Facebook app

Or, if you’re looking for a different type of terms and conditions template, check out our other options to find what you need:

Terms and Conditions Template Description
Mobile App Terms and Conditions Template Terms and conditions for apps in various app stores
E-commerce Terms and Conditions Template Terms for e-commerce sites and online shops
Terms of Service Template For those who prefer terms of service
Terms of Use Template For those who prefer terms of use

Summary

Every company should have a terms and conditions agreement for its website, app, or service. You can unnecessarily expose yourself to legal and financial risks if you don’t have one.

A comprehensive terms and conditions agreement will give you control over:

  • How your site gets used
  • Who gets to use your platform
  • How you manage your site or service
  • What constitutes acceptable and unacceptable user behavior
  • Your intellectual property

At a minimum, your terms and conditions agreement must include the following clauses:

  • Introduction
  • Governing and applicable laws
  • Disputes and Indemnification
  • Contribution clause
  • Third parties
  • Disclaimer and warranty
  • User registration
  • Acceptable use
  • Prohibited activities/restrictions
  • Term and terminations
  • Suspension and termination
  • Limitation of liability and warranty
  • Modifications and interruptions
  • Corrections
  • Site management or support
  • Pricing
  • Deliveries
  • Returns and refunds
  • Intellectual property notice
  • Digital Millennium Copyright Act (DMCA)
  • Contact information
  • Privacy policy

After you’ve finished your terms and conditions, put a prominent link to it in:

  • Your current legal policies
  • Informational menus or sections
  • Your website footer
  • Banners and pop-ups
  • During sign-up
  • During checkout
Masha Komnenic CIPP/E, CIPM, CIPT, FIP
More about the author

Written by Masha Komnenic CIPP/E, CIPM, CIPT, FIP

Masha is an Information Security and Data Privacy Specialist and a Certified Data Protection Officer. She has been a Data Protection Officer for the past six years, helping small and medium-sized enterprises achieve legal compliance. She has also been a privacy compliance mentor to many international business accelerators. She specializes... More about the author

Related Articles

Explore more resources Explore more resources