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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9364
Experience:  Since 1983
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I have created a terms and conditions document that our distributors

Customer Question

I have created a terms and conditions document that our distributors must follow. I would like to add on to our Terms and Conditions statement, that our distributors and customers will not use any information they get from our website against us in any way in any court of law. Basically a total unilateral contract in our favor. We are a direct sales, Multi Level Marketing Company, I want to protect our company from any possible prosecution, especially if someone downloads our compensation plan from our website, they they try to take us to court saying it is illegal. If they click a check box, stating they agree to our terms and condition, before they can log in, then that will make their case invalid. I need some kind of legal binding wording that will protect us, "Any information I see on this website or copy, etc I will not use in any way to bring a case againstCustomerSkin Cares, LLC a Nevada Based Company." Something like this.
Submitted: 8 years ago.
Category: Business Law
Expert:  cfortunato replied 8 years ago.
I don't think this would be enforceable. You may be able to prevent someone from copying and using the information exactly as presented, including diagrams, etc., but you can't preclude someone from using and presenting the ideas contained therein.
By the way, agreement-to-not-sue clauses will usually not be enforced if there is negligence, fraud, or a similar intent involved. And one or another of these is often involved when a party decides to sue in this type of situation.

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Customer: replied 8 years ago.
I really need something that is enforceable, there must be some cluase that can be written that other companies use that will give us legal protection. Can you come up with anything? Even if it may not be enforaceable?

Our website and materials are all protected under copyright, so I don't need to worry about that.

Expert:  cfortunato replied 8 years ago.
No, but I will return your question to the "question Pool", so someone else can give it a shot!
Expert:  N Cal Attorney replied 8 years ago.
I would like to add on to our Terms and Conditions statement, that our distributors and customers will not use any information they get from our website against us in any way in any court of law.

No Court will enforce such a disclaimer. Once you post something on a website, it has been published. You cannot make a customer promise that if she sues you, she cannot use anything posted on the website in connection with the lawsuit.

It's not legal. You can put anything you want into your contracts, but the Courts will not enforce unconscionable contracts, and will not enforce the clause you propose.

I have never heard of another company inserting a clause like that into a contract, so the absence of such a clause does not put your company at a competetive disadvantage. Your company does not need such a clause and could not enforce it even if it was written into the contracts.

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