by Shaya Silber
Obtaining our goods, services, entertainment and information, is no longer confined to brick and mortar, plastic and steel. We are becoming accustomed to receiving things via our computers; our gateway to essentially everything. This shift presents new opportunities and obstacles to contend with. Many of these challenges are not even fully comprehensible yet. Among these new challenges is effective contract formation and protecting yourself (and your website) from potential liability.
Where a website offers advice, it’s important that the Terms contain disclaimers for any information provided.
One of the beauties of the web is the unprecedented ability for individuals to share or offer something to many people simultaneously. Where a website serves as a platform for individuals to come together to sell items, barter, chat, post, or otherwise interact with each other, it’s important that the Terms state that all content and communication on the website is the responsibility of the individual participants. These Terms must contain strong disclaimers, as these types of sites are open to the public thereby allowing anyone to submit content which is often unpredictable and may draw liability
- Clear notice of the terms is provided on the home page. Unless the site’s operator makes reasonable effort to bring the terms to the users’ attention, the notice should require users to review and agree to the terms.
- The home page should include a button, where users can click and confirm having read and agreed to the terms.