Are terms and conditions on a website legally binding?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 15, 2021

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Terms and Conditions, sometime also called “clipwrap agreements” if the user must click “I agree”, can be binding if set up in accordance with case law.

These agreements are important in that they can limit a site-owner’s liability for use of the site and sale of product or services through the site. This can significantly lower the site’s risk of doing business.

These agreements can also waive legal warranties which are implied into purchase of products and provide contractual remedies for the site-owner if someone does not pay for their item or provides false information to the site in making the purchase.

Finally, if intellectual property is involved, these agreements help protect it.

Click here for more information on the clauses and these contracts in detail as well as forms to cover these situations.

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