Does Your Website Expose Your Business to Legal Risks?
-Do you operate a commercial website?
-Do you operate a blog, chat room or similar online forum?
-Are you an affiliate marketer?
-Do you operate an information-only website?
All types of websites potentially put you or your business at risk for some type of liability.
Protect Your Website Now by
Building Customized Website Legal
Documents With Our Automated
When your website & Internet business is not legally compliant, you could end up losing your business and even put your personal possessions at risk! Most website owners are operating completely in the dark when it comes to website legal compliance and protecting their business or online stream of revenue. Not understanding the laws surrounding e-commerce or how to protect your business from regulatory agencies such as the FTC or your own customers can be fatal. In fact, it can put you out of business in a hurry.
The number of legal concerns facing Internet businesses, affiliates, marketers and just about every other website operator is great. Whether its regulatory agencies such as the FTC or your website customers, there are plenty of concerns. For example:
You get sued by one of your customers and end up getting dragged into court in some distant state. (Talk about a colossal waste of your time and money).
One of your website members steals your invaluable product materials they have access to through their membership and uses it to sell a competing product.
A website visitor tries a product you promote on your website that is supposed to help he or she earn huge profits. They make no money and now they are angry and looking to you sue you.
Someone buys a product from a third party website not affiliated with your website. They get injured and decide to file a lawsuit naming you (or your business) and the party that sold them the product.
One of your visitors gets ill by using some health and nutrition information you post on your website. Once they feel better the first thing that may cross their mind is figuring out how to sue you for negligence. Your not a doctor and do not claim to be on your website. But, that may not matter if your readers are reasonably relying on the accuracy of the information you provide.
You provide product reviews on your website but don't bother to tell your website visitors you get paid to review those products by the different companies that sell them. If your website comes into the cross-hairs of the FTC for not disclosing this information, you better buckle up and possibly get out your check book.
But, probably the biggest legal concern facing Internet businesses, marketers and affiliates is violating the Federal Trade Commission (FTC) Act.Violate the FTC Act, even unwittingly, and you may be forced to pay huge fines, get shut down, or even have your business and/or personalassets frozen!Many website operators violate the FTC Act with their everyday business practices without even knowing it! The FTC has enormous and broad powers to go after your business and can issue a complaint when it has reason to believe that a violation of the law has occurred. No evidence is required that actual deception occurred, or that reliance on any deception by any of your visitors or customers has occurred. All that matters is whether a claim or business practice has thecapacity to deceive. In other words, they pretty much have a blank check from Congress to make life miserable for website operators that run afoul of the FTC Act!
The FTC Act and state laws such as California's OPPA also require that your website discloses all the ways you or your business collects and uses any personally identifiable information (i.e. names and email addresses) from your website visitors. Anything less is considered deceptive under the FTC Act and a violation of the law!
Most website operators, affiliates, and Internet marketers don’t set out to purposely violate applicable laws or to make legal mistakes. In fact, most folks that end up getting stung are honest, hard working folks like most of us. But, your ignorance of the law does not matterand certainly won't shield you from liability. This is why avoiding costly legal mistakes can be the single MOST IMPORTANT concern facing website owners and operators.
Using the right Website Agreements and other Important Legal Documentscan
drastically reduce your exposure to legal risks!
Unfortunately, hiring an actual Internet attorney to draft custom legal documents for your website can cost you thousands of dollars!! This is why most website operators either ignore website legal compliance altogether, or resort to copying some other website's legal documents. Ignoring website legal compliance shouldn't be an option and copying someone else's legal documents can amount to copyright infringement. Because of these concerns, mostwebsite operators settle for cookie-cutter forms, fill-in-the-blank templates or even free, basic online document generators.
Generic forms, fill-in-the-blank templates and free document generators are inadequate! These methods are potentially outdated or inaccurate and are usually too generic. In fact, these methods don't address how to use important legal documents on your website or which legal documents you should include in the first place! Settling for this approach may leave your website exposed!
…Instantly Start Protecting Your Online Stream of Revenue
With a Complete Legal Compliance System!
We combine the power of an automated website legal document generator with 3 comprehensive legal guides that walk you through using the documents you build effectively!
Our online service is far more then just a fill-in-the-blank template or a series of a few simple questions. Its a software program that builds each document by assembling specific clauses in a logical order based upon the detailed information you provide! All clauses are taken from a vast database of website agreements and legal documents drafted by Internet and business attorney Philip A. Nicolosi, J.D.
While our automated process is easy to use, the process is comprehensive and meant to capture as much detail about your online activities as possible. You will be able to generate multiple variations of the same website agreement based upon different information you provide. There are numerous meaningful variations of many of the clauses you will use to build your legal documents!
Website Essentials Compliance Systemincludes access to our Website Legal Document Generator, allowing you to generate the following specificwebsite legal documents:
Website Terms of Sale Generator (Sale of Tangible Goods)- Do you sell goods from your website? Build your own terms of sale and include important terms you can customize including blanket warranty disclaimers, different refund and return policy options, important shipping and payment terms, or set the exclusive venue for disputes and the type of dispute resolution process and much more!
Website Product Purchase Agreement Generator (E-books & Informational Products)-Build a simple license agreement to sell e-books and informational products. Build near-custom terms of purchase that incorporates my vast database of specific contract clauses. These are the same clauses and language used in previous contracts I have drafted for sellers of e-books, informational products and coaching or instructional type programs and related services. You'll be able to select different payment variations, return/refund options, product support variations on top of including important legal protections such as venue, choice of law, warranty disclaimers, etc.
Website Terms of Service Generator-Do you offer membership or subscription type services from your website? You may not realize the distinction between limited license rights to use your invaluable website content and rights of ownership. Unless your a skilled Internet attorney who understands the difference and how to draft language ensuring that your members only have certain limited license rights, your membership site content may be at risk! Don't take a chance your not covered. Build your own terms of service with clauses drafted specifically to protect your membership website. You'll also be able to select multiple payment variations such as a single fee due at purchase, recurring membership fee structure, renewal term options. Choose different refund/cancellation options, include language for free trial memberships, include disclosure language for negative option type products or a user content submission policy and much more! Our comprehensive website terms of service generator allows you or your business to build an agreement tailored to most of the features part of your membership or other service you offer.
...Generate Multiple Legal Documents in a Single Process!
DMCA Policy & Trademark/Service Mark Policy- Do you allow your visitors to post comments, text, video or image files on your website? You can be liable for the content they post unless you take advantage of the safe harbor available to interactive service providers under the Digital Millennium Copyright Act. But, in order to do so, you need a DMCA Policy on your website incorporating the notice and take-down provisions of the Act. You should also have a policy that provides a simple notice and take-down protocol for any third-party trademarks and/or service marks used in an infringing manner on your website.
User Content Policy- Websites that allow users to post content should also have a policy controlling what type of content may be uploaded and including important user restrictions. This type of policy will also contain important provisions disclaiming liability and reserving important rights to monitor and edit or remove restricted content.
Website Registration Policy- You should also include important terms governing any user accounts created on your website. You'll be able to generate a registration policy for basic website user accounts or for accounts requiring a log-in ID and password information.
Refund & Return Policy- Our Website Terms of Sale, Terms of Service and Product Purchase Agreement Generators allow you to customize your refund and/or return policies. You'll be able to generate different variations of the same basic policy and customize it to the type of products your selling!
Anti-Spam Policy- Stating your opt-out policies and your intentions to comply with the CAN-SPAM Act at all times (and state laws) is a good idea. You can let your visitors know they are free to unsubscribe to any newsletter, promotion or other email they may have previously signed up for.
External Links Policy- What happens if someone sues you for damages sustained by using a third party product or service offered from a completely unrelated website that can be accessed from a link provided on your site? Think it can't happen? Think again. Including an external links policy on your website disclaiming such liability and including other important terms can decrease the chances you or your business will be found liable.
General Material Connections Disclaimer- As of 2009, there is a new sheriff in town when it comes to your customer endorsements and testimonials. You are now required under the FTC's 2009 Revised Guidelines to disclose any “material connections” in any endorsement or testimonial about your products or services. This means you need to disclose whether you provide cash, free products, coupons or any other items of value to your product endorsers or any customers who have provided testimonials appearing on your website.
General Earnings & Results Disclaimer- Do you promote or offer products from your website that involves some type of earning potential? The last thing you want is to get sued by someone who purchases one of those products, makes nothing or even loses money and then looks to you to recover his or her losses. If your website doesn't contain language that makes it clear no earnings guarantees are being made, you could be asking for trouble.
General Health Products/Medical Information Disclaimer- Selling or promoting health products can be extremely risky. When someone tries a product you sell or promote and gets injured, the potential for them to come after you or your business is great. Basic protections should be in place and your potential customers should understand that they try any health product at their own risk.
Intellectual Property & Audio/Video Policy- Important notices reserving your intellectual property rights, including for your audio and video content, if extremely important. Whatever type of website content your website contains, you need to protect each element with a properly drafted policy reserving important rights and notifying your users of the type of content that is considered to be intellectual property. Strong restrictions should also be in place.
ROSCA/FTC Negative Option Plan (recurring billing plan) Disclosure- The FTC Act and The Restoring Online Shoppers Confidence Act (ROSCA) prohibits any person from charging or attempting to charge any consumer for goods or services over the Internet through a negative option feature unless the person: (1) clearly and conspicuously discloses the material terms of the transaction before obtaining billing information; (2) obtains the consumer's express informed consent before charging the consumer; and (3) provides "simple mechanisms" for a consumer to stop recurring charges. If your website offers some type of automatic billing or negative option feature, the agreement you generate will include the appropriate disclosures and a simple opt-out mechanism.
ROSCA Notice & Consent (for end-sellers involved in “data-pass” transactions)- Under ROSCA, any initial merchant that directly obtains customer billing information cannot disclose this to a third party “post-transaction seller” where it is to be used in the sale of any goods or services by that seller. This practice by the initial merchant is also known as a “data pass.” It typically occurs when the post-transaction seller offers a negative option type plan (i.e. membership clubs) to consumers as they are in the process of completing their transaction with the initial merchant. If you are a post-transaction seller, you should use a proper ROSCA Informed Consent on your website. You'll have the option of generating this consent in the customer agreements you build.
Here are some of the highlights about our Automated Legal Document Generator …
All contract and document clauses have been drafted by Philip Nicolosi, J.D., a practicing business and Internet law attorney. The clauses used to build your agreements and legal documents are taken from my vast database of website and e-commerce related agreements and documents I use for my own Internet business clients. This database is constantly evolving and is updated to keep pace with relevant changes in the law.
You build numerous different contract variations with a single license by accessing our service online! All members can draft an unlimited amount of website legal agreements and documents included with the product during the membership. The multiple options and variations allow you to build documents that change with your website activities or products and services!
Our automated online service intelligently determines what specific legal notices, disclaimers and policies should be included on your website based on how you answer certain questions. The program creates each document by logically assembling clauses based on the specific information you provide! It's not merely a fill-in-the-blank process. Your answers and on-screen choices directly determine which specific contract clauses and language is used in the legal document you generate!
The process is similar to what a live attorney would do in asking you a series of relevant questions to determine how to draft your agreement or legal document. The questions are designed by an Internet attorney who understands website technology, not an inexperienced general practitioner! You'll receive the level of detail and skill you would expect from an experienced Internet attorney.
No technical knowledge required! My contract generator will walk you through a series of questions and information fields that you simply answer according to the specific agreement you are building. The building process includes my comments, instructions and recommendations to help you answer the questions with ease! There are also on-screen validations and checks in place to ensure you answer the questions properly and build each document flawlessly!
There is no software to download! You access our online service as a member directly from our website on your own browser. You can use any browser to access our service, including Firefox, Chrome, Internet Explorer, Opera, Safari, etc. No more waiting days or even weeks for your attorney to return your call or make an effort to prioritize your business!
You don't waste your time formatting the documents you build! All agreements and legal documents will be emailed to you in a fully editable, fully-formatted word document and website-ready! You just copy and paste the text to your website or CMS editor.
You get 24x7 access of our online website legal document generator service from your browser through our website.
You will also receive direct customer support via email directly from attorney Philip A. Nicolosi, J.D. and his staff to assist you with any questions about the documents you create! All emails are returned within 24 to 48 hours (excluding holidays and weekends).
Website Essentials Compliance System protects your business intelligently without spending thousands of dollars in legal fees!
Try our FREE product demo!...
Try our FREE PRODUCT DEMOand generate a Publicity Consent & Release Agreement now by clicking HERE. (This type of agreement is used in connection with using someone else's image, likeness, name, voice or other biographical information to promote your products or services on your website-i.e. a customer video testimonial).
“Website Essentials Also Includes 3 Valuable Legal Guides Instructing You on How to Increase the Odds of Keeping Your Website Legally Compliant & Protecting Your Internet Business From Your Website Users & Customers!”
When you purchase a license to use our Website Essentials, you’ll receive a copy of my FTC Website Advertising & Disclosures Guide. This is a downloadable e-book where you will learn about FTC advertising laws and how and when to use disclosures qualifying claims made on your website. I break down the potential liability you'll face under the FTC Act for certain online business practices in plain English!
Understand FTC Advertising liability with my expanded discussion (over 30 pages) on the FTC Act and the new requirements under the 2009 Revised Guidelines!
Does your website make any results based claims regarding your products, including any earnings or income claims?
The FTC wants you to make necessary disclosures on your website so your claims and ads aren’t materially misleading. Otherwise, they are deceptive. This means you must:
Disclose any information necessary for your consumers can make an informed choice; and
Qualify any extraordinary claims regarding results, especially earnings or income results
Learn how to increase your odds of using required FTC disclosures effectively!By understanding the ‘clear and conspicuous’ standard, you’ll learn how to effectively use required website disclosures. There is an expanded section on disclosure placement so you understand the best places to use them on your website. Learn where to place direct disclosure text and how to use links to separate disclosure pages, from the FTC's viewpoint.
Website Essentials also includes my FTC Website Sponsored Endorsements Guide. If you use customer testimonials on your website, you need to understand what a sponsored endorsement is and the concept of disclosing "generally expected results." The bottom line is that under the FTC's Revised 2009 Guidelines, you cannot make claims on your website through the use of customer testimonials that cannot be made directly. This means any claims your customers or endorsers make must be substantiated and you must disclose the results that should be generally expected by using your product or service if the testimonial is not typical. You are no longer permitted to disclose the average results under the old guidelines.
Do you sell or review third-party products and receive commissions, free products, gifts, etc.?
If you’re an affiliate, re-seller, blogger, paid poster, etc., FTC rules on endorsements apply to you too and you need to understand the changes made by the FTC in their 2009 revised guidelines concerning endorsements and testimonials.You need to disclose any material connection with the seller of the product. This means disclosing your paid affiliate status or the fact you have received other consideration in connection with your review/promotion. You should also include a material connection policy on your website disclosing your relationship with the sellers of any products you review, promote or sell on your website or blog.
My FTC Website Sponsored Endorsements Guide shows affiliates, blog owners and other product reviewers some practical guidelines on how to use material connection disclosures on their websites and other important tips.
My Guide also includes a general affiliate compensation disclosure policy you can use on your website!
LEGAL GUIDE #3: Using Website Agreements & Disclaimers Effectively!
Are your existing website agreements binding?
You'll get our complete website compliance solution for about what it
would cost you to hire an Internet lawyer for an hour of their time!
You'll pay a one-time initial membership fee of $199.00 for a Basic Membership and will receive access to all 3 Legal Guides and a license to access our Website Essentials Legal Document Generator online service for a 1 year period, beginning from the date of purchase. You'll be able to generate an unlimited amount of website legal documents included with the product on a single website you or your business own. After the first year, you decide whether to continue your membership and pay a low monthly fee of $9.99. (You will still have the right to use any website legal document you generate even if you decided not to renew your membership!) As a member, you'll be able to continually stay on top of the law. The legal documents are updated on a as-needed basis to reflect any relevant changes in Internet law, or with third parties such as Google. You’ll receive email updates notifying you about any significant updates or additions with any legal documents you build. Emails will include an explanation from attorney Philip A. Nicolosi, J.D. about how any changes affect any existing website legal documents and which types of websites should incorporate the updates. You'll avoid paying big bucks to an Internet lawyer to monitor and stay on top of the law for you!
Have Multiple Websites?
Purchase an Elite Membership for $299.99 and receive everything included with the Basic Membership for the same 1-year period, but with the right to display any legal document you generate on an unlimited amount of websites you or your business own! You'll have the same initial one-year membership period and can renew your membership for a monthly fee of $9.99. All legal documents can be displayed on any website even if you don't renew your membership at any point.
Place Your Order Now!
Yes! I want to protect my website and Internet business with customized agreements and legal forms.
Yes! I want the peace of mind of knowing I am using legal documents drafted by an actual practicing Internet & business law attorney.
Yes! I want to take advantage of a service offering me an alternative between using generic cookie-cutter forms which may not address my website activities or paying thousands of dollars to an Internet attorney.
You pay a single payment of $199.99 entitling you to receive immediate access to our Website Essentials Legal Document Generator online service. Then you pay only $9.99 per month each month if you decide to keep your membership beyond the initial one-year period.
Upgrade to the Elite Membership for a fee of $299.99 and receive the right to display any legal document you generate on an unlimited amount of websites you own! All Members receive access to all new documents and updates that are added during the term of your membership along with emails regarding any updates!
If you choose not to renew your membership, you still have the right to use and display any document you generate!
Take advantage of having the ability to draft multiple variations of the same document as long as your a member. As your website activities or other circumstances change, members have the flexibility to update your legal documents accordingly!
All documents are emailed to you in a fully-formatted and fully-editable word document. You simply copy and paste the text to your website.
Customer support is available to all members via email available directly from Philip A. Nicolosi, J.D. to assist you with any questions about the forms. All emails are returned within 24 to 48 hours (excluding holidays and weekends).
We offer a 100% Refund under our 30-Day Money-Back Guarantee!
You can try Website Essentials Compliance System risk-free for 30 days. If you’re not satisfied for any reason, we will refund your money. Please be sure to review the terms of our refund policy first. But, we’ll gladly refund your money without any hassles or questions if you comply with all terms of the refund policy (which basically requires you to remove any legal documents you generate using our online service). However, has a gift for trying our services, you may keep all 3 Legal Guides!
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