Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
The agreement was signed on August 2011. This puts it right at 2 years. I have already created a similar website, however I have not received anything in writing challenging the site. I know that he is aware of my presence and he is looking to enforce the agreement. You stated that there is no geographical limitation, however the transaction was for a website. Does geography come in to play when we are talking about the internet?
I have established an LLC. Now that I have an LLC with insurance would I be protected incase I am taken to court based on this non-compete clause? It is important that I protect myself. Do you have any suggestions on ways of protecting myself.
If you signed the non-compete individually, setting up a new LLC will not protect you from individual liability under the agreement because you're operating through the new company.
However, you would still have the ability to challenge the agreement on the grounds we discussed above.