Website Terms and Conditions of Use with Disclosures and Disclaimers
[to protect your content from being stolen,
and you from being sued if you operate a website – if you need terms and conditions for customers of a paid product like an online course, group coaching program, membership or community, or digital downloads, we offer contract templates for those at www.awbfirm.com ]
[Bracketed text in YELLOW is meant for you to fill in or choose the right text for your business]
By visiting and using this website, you agree that you have read, understood, and agree to the following Terms and Conditions of Use by [insert company or website name] (doing business as [insert familiar name if different] – if your business or website name is long you can choose a short version to include here – like “AWB Firm” – and use the short version everywhere it says [insert company or website name] below).
- Intellectual Property
This website includes materials protected by intellectual property laws, including without limitation written text, logos, photos, videos, music, art, designs and/or graphics.
[CHOOSE ONE AND DELETE THE OTHER]:
[OPTION 1 – If you do allow personal use of the content on your website, but not commercial use:]
You may view, [edit as appropriate: download, print, email and use] materials from this website for personal, noncommercial purposes only. Any reproduction or unauthorized use of any materials found on this website shall constitute infringement.
[OPTION 2 – If you allow both personal and/or commercial use of the content on your website, for example someone could use your content to sell their own product or services:]
You may view, download, print, email, republish, reproduce, duplicate, copy, display, distribute or otherwise use any material from this website for personal or commercial purposes [add any limitations to this use, for example they can only use if they give you credit / link to your website etc.].
[include if you added limitations for use in Option 2 above] Any reproduction or use of materials found on this website outside of these limitations shall constitute infringement.
- Visitor Comments and Posts
If you submit, comment or post any materials (such as photos, videos or written content) to this website, you represent and warrant that: (1) you are at least 13 years old; (2) you are the owner of or have permission to share such materials; (3) you grant [insert company or website name] a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant [insert company or website name] a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. [insert company or website name] does not claim any ownership rights in your materials.
Please choose carefully the materials that you upload to, submit to, or embed on this website. Any material you post on this website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website. You participate, comment, and post material on this website at your own risk. Any communication by you on this website, whether by [edit as necessary leaving a comment or participating in a chat room, message board, public forum, chat bot, contact submission form or other interactive service], must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
[insert company or website name], in its discretion, may delete or modify, in whole or part, any post, comment or submission to this website. [insert company or website name] does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. [insert company or website name] neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on this website. [insert company or website name] shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on this website.
- Visitor Behavior on Website
You are strictly forbidden from the following:
- Causing damage to this website
- Using this website for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using this website to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using this website to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from this website
- Sharing private and proprietary information from online courses with anyone else
[insert company or website name] may, without notice, refuse access to its website, in whole or part, to any person that fails to comply with these Terms.
This website provides information only, and does not provide any financial, legal, medical or psychological services or advice. None of the content on this website prevents, cures or treats any mental or medical condition. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. [insert company or website name] disclaims any liability for your reliance on any opinions or advice contained in this website.
This website is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You should consult with a professional if you have specific questions about your own unique situation.
[include if your website includes videos or instruction about physical exercises] [insert company or website name] may demonstrate certain physical exercises. You understand that physical activity and exercise are inherently risky and dangerous activities. Inherent risks are risks that cannot be eliminated completely regardless of the care and precautions taken by [insert company or website name]. You acknowledge [insert company or website name] and its owners, agents, employees, and contractors may not be a trained or certified exercise instructor or personal trainer.
- IMPORTANT EARNINGS DISCLAIMER – NO GUARANTEE OF RESULTS OR EARNINGS
You agree that [insert company or website name] has not made and does not make any specific representations about the earnings or results you may receive. [insert company or website name] cannot and does not guarantee that you will achieve any particular result or earnings from your use of the website, and you understand that results and earnings differ for each individual.
- Links to Third-Party Products, Services, or Sites
Any links to third-party products, services, or sites are subject to separate terms and conditions. [insert company or website name] is not responsible for or liable for any content on or actions taken by such third-party company or website. Although [insert company or website name] may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
- No Warranty
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, [insert company or website name] DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. [insert company or website name] DOES NOT WARRANT THAT THIS WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS WEBSITE, [delete if not applicable INCLUDING MEMBERSHIP PAGES,] OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
[insert company or website name] SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE.
- General Terms
If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to these Terms, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.
This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
[insert company or website name] may change, modify or update these Terms at any time without notice. Any access or use of this website by you after [insert company or website name] posts such changes shall constitute consent of such modifications. If you have any questions or concerns about these Terms, contact [insert e-mail].
[insert company or website name] controls and operates this website from offices in the United States [edit as appropriate]. [insert company or website name] does not represent that materials on this website are appropriate or available for use in other locations. People who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- [optional – if you wish to disclose relationships or employment that may impact the content on your website – note – if you accept affiliate or referral commissions, you also may need to post disclosures in other places on your website – learn more here: [18:20 at www.awbfirm.com/podcast3 ] Disclosure of Relationships.
This website is written and edited by [insert company or website name and add names of contributors if website is collaborative]. [insert company or website name] [choose: does / does not] accept forms of [edit as necessary cash advertising, sponsorships, paid insertions, complimentary products, or other forms of compensation from third parties.]
[delete if you don’t accept any compensation] [insert company or website name] believes in honesty. The advertising content, topics or posts on this website may be influenced by the compensation received. Any content, advertising space or posts will be clearly identified as paid or sponsored content.
[delete if you don’t accept any compensation] Even though we receive compensation for some of our posts, online content, or advertisements, we always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this website are purely those of [insert company or website name]. Any product claim, statistic, quote or other representation about a product or service may have been provided to [insert company or website name] by a third party and you should verify it with the manufacturer, provider or party in question before relying on it.
[Choose one option, delete other option]
[OPTION 1] [insert company or website name] does not have relationships that might present a conflict of interest or influence the content of this website.
[insert company or website name] has relationships with the following companies, organizations or individuals, which may impact the content of this website.
[include only companies, organizations or individuals that would influence the content of your website, delete others]
[insert individual name or company or website name] is employed by or consult with:
[insert individual name] serves on the following corporate or non profit boards: [fill in]
[insert individual name] is active in a political party that influences [insert company or website name]’s content:[fill in]
[insert company or website name] writes about people to whom individual employees, agents or contractors are related, including: [fill in]
[insert individual name or company or website name] has a financial interest in the following that influences [insert company or website name]’s content: [fill in]
Updated on [DATE] [note – it’s a good idea to keep a dated copy of all prior versions of your website T&C each time you update them]