What does the term "browsewrap" mean?

"Browsewrap" is the term used for websites that allow users to accept their terms of service simply by navigating through the site. Browsewrap is typically only used for static sites that are primarily informational in nature with little to no interaction with the site or others and do not offer products or services for sale.

What does the term "clickwrap" mean?

"Clickwrap," on the other hand, refers to sites that require visitors to affirmatively agree to the terms by clicking an "Accept" button, or checking a similar box, before creating an account or making a purchase. Clickwrap is recommended for all sites that go beyond browsewrap by selling products and services or allowing users to post content or interact with others. If you choose to implement clickwrap, you should be sure that your method requires visitors to make an affirmative action assenting to the terms of service.

Do I need to have a sale, refund, and cancellation policy?

If you sell goods or services through your website, then you should outline your sales policy, including any conditions of sale, return policies, guarantees, payment details, fees, and shipping terms. Doing so helps avoid potential disputes and lawsuits with aggrieved visitors. Likewise, you should include any refund and cancellation policies you may have in order to put visitors on notice and avoid conflicts.

Should my online terms of service allow me to limit access to my site?

Yes. Our online terms of service allow you to terminate a visitor's access to any part or service on the site at any time in your sole discretion, without notice. These terms may be updated at any time. A visitor's continued use of the site is often considered acceptance of such updates. It's important to provide visitors with notice of such updates by any reasonable means, including by email or posting notice in a prominent place on the site.

Do these online terms of service contain disclaimers?

Yes. The disclaimers in our form include many of the most important terms of service. Among these, visitors are told that the site is provided on an "as is" basis, and potential express and implied warranties are disclaimed in order to prevent visitors from seeking to hold you liable for promises you do not intend to offer. This also includes disclaimers for any loss or damages that may occur to visitors' computers, internet connections, or user content. Visitors are told that the content on your website is for informational purposes only and does not offer any professional advice, including legal, financial, or medical advice.

Online Terms of Service

Websites need to communicate their terms of service in order to put visitors on notice of the rules and guidelines for using the site.

LegalNature's step-by-step guidance helps you to easily create the terms of service for websites based in the United States. Our intuitive process will help you to customize the terms of service for your website in minutes.

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Our online terms of service

Are compliant throughout all states and the District of Columbia
Define vital concepts related to the service or goods provided
Help avoid confusion by defining each party's responsibilities
Help limit liability for a visitor's use of the site

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How to create online terms of service in 3 steps

Gather Information

As you complete your online terms of service, you will need to provide certain relevant information. This includes any policies you may have concerning member accounts, posted content, age restrictions, refunds, cancellations, sales policies, dispute resolution, and more. Depending on the type of website involved, some of these categories may be needed.

Answer Key Questions

Use the information you collected to complete your online terms of service. We make this easy by guiding you each step of the way and helping you to customize your document to match your specific needs. The questions and information we present to you dynamically change depending on your answers and the state selected.

Review

It is always important to read your terms of service thoroughly to ensure it matches your needs and is free of errors and omissions. After completing the questionnaire, you can make textual changes by downloading it in Microsoft Word. If no changes are needed, you can simply download the PDF version.

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