Thursday, August 18, 2011

Website Policies: One Size Does Not Fit All (Part Two)

In my August 17 post, I explained the importance of crafting Terms of Conditions and a Privacy Policy that are consistent with your business, noting that it is a mistake to simply copy these policies from another website.  I want to use the next few posts to provide some specific considerations in preparing your website policies. 

As I previously noted, these policies are actually contracts you make with anyone accessing your website.  And, like any contract you prepare, you should have a choice of law clause stating that the agreement is governed by the law of the State of "x" (with "x" to be determined in consulation with your legal counsel).  If you simply cut and paste terms and conditions of another website, you could be consenting to application of the law of a state that has no connection to your business. 

Believe me, I have seen this mistake, and not only does it create legal issues, but it is embarrassing for a company to try to explain why New Mexico law should apply when your sole business is in New York.


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