If a valid claim is made against you, including your limitation of liability in your terms brings your liability down to a specific dollar amount, which can become a critical protection for your business in the event of a dispute. It’s also important to specify where any disputes would be discussed or settled; you’d probably prefer to settle a dispute in your hometown rather than out of state.
Make sure that your website terms are specifically written for your company, taking into account the functionality of your website, any legal risks that arise from that, where you’re located geographically, and your general risk tolerance.
Although website terms aren’t signed, they are nevertheless legal documents. So, unless your developer also freelances as an attorney, you should have an attorney to draft these terms, just as you would want an attorney to draft all the other contracts for your business. If your website developer offers you boilerplate terms, they are probably offering the same terms to all of their clients. If you want to ensure the terms protect your specific business, avoid those boilerplate terms and invest in legal documents for your company.
Brighter Messaging is a full-service digital marketing agency that can help you with anything to do with managing your online presence, and Liles Law is a boutique law firm that helps entrepreneurs with foundational legal elements so they can sleep better at night.
Feel free to reach out to us for any help you need in creating a modern, fully optimized website with all the proper protections in place. We wholeheartedly recommend contacting Liles Law for your startup legal needs.