Over 45 Years Of Legal Experience

Your Experienced Attorney For Creating Terms Of Service

I am e-commerce attorney Andrew M. Jaffe. I cannot stress enough the need for a professionally written terms of service (TOS) agreement for every website. The TOS is a contract with your website’s visitors for the use of your website. A professionally written TOS can limit your liability greatly and create advantages for you in a legal battle with a visitor.

In most cases, a good TOS will stop a legal battle before it begins because the user will find that you have created a situation that will keep them from winning their case. Whether you are based in Fairlawn, another area of Ohio, or anywhere else in the world, I can draft a TOS agreement on which you can rely.

Common Questions About Creating A Terms OF Service

Below are answers to common questions I get about a website’s TOS at my firm, Andrew M. Jaffe, Attorney at Law.

Do I really need a lawyer for my terms of service?

Many site owners have simply copied someone else’s privacy policy and are unaware of what they say or the responsibilities the site owner has agreed to comply with. This is a very dangerous practice. Especially when the person you copied it from likely copied it from someone else’s website.

Things to keep in mind:

  • Website owners are bound by what their TOS states. As I stated above, the TOS is a contract. If you merely use a TOS that you copied from another site, then you may be unaware of liabilities you are creating for yourself, in which case you will not be aware of your obligations to your visitors. Therefore, you could be in breach of contract with your visitors without even knowing it, and that breach could cost you many thousands of dollars.
  • Laws regarding a TOS often change, and without continually updating your TOS, what was once a sound document two years ago now could be outdated and potentially dangerous to your legal health.

Whenever I write documents for a client, I go through them with the client section by section so that they understand exactly what their obligations are to the customer as well as what the visitor’s obligations are to them.  I know from experience that this is a two hour phone call, and that my clients come away with a deep knowledge of all aspects of e-commerce and Internet law.

What’s the difference between a terms of use agreement and a privacy policy?

A terms of use agreement outlines the rules and guidelines for using a website, whereas a privacy policy explains how the site collects, uses and protects users’ personal information. The terms of use serve as a legal contract between the website owner and the user, while the privacy policy ensures users’ data rights are clear and protected.

What is a TOS agreement?

A TOS agreement is a set of regulations that users must agree to follow in order to use a website or service. It includes guidelines on acceptable behavior, disclaimers and limitations of liability to protect the website owner. It’s a legally binding contract that can serve as a foundation for resolving disputes.

Why does every website need a TOS agreement?

Every website needs a TOS agreement to establish the rules and protect the site. It reduces legal risks by setting expectations and helps to deter misuse of the website. It also provides a legal basis to take action against users who violate the terms, helping to ensure the website’s smooth operation.

Why should I hire a lawyer to create my website’s TOS agreement?

Hiring an e-commerce lawyer ensures that your website’s TOS agreement is comprehensive and tailored to your specific needs. A commercial litigation lawyer will consider all aspects of your business to draft an agreement that minimizes legal risks and protects your interests. Given the complexity of online laws, professional legal assistance is crucial to navigate these waters effectively.

Speak With An E-Commerce Lawyer About Creating Your Terms Of Service

There is no charge for an initial consultation, and it is covered by attorney-client privilege. To schedule your free consultation, please call my Fairlawn office toll-free at 855-445-5586 or send me an email.