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I have several more questions. Warning they may seems very

juvenile as I am very...
I have several more questions. Warning they may seems very juvenile as I am very new to all of this. thank you in advance for your patience. Lets assume I have my business in an LLC. I plan on having a lawyer write up my terms conditions, disclaimer etc. Can I have them write "no refunds." I do not want to be liable for any upset customers
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Answered in 11 minutes by:
7/2/2012
grantlawpc
grantlawpc, Attorney
Category: Business Law
Satisfied Customers: 31
Experience: Business Restructuring and Recovery Attorney with Unique Primary Experiance in Chapter 11 United States Bankruptcy Cases
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My view is that the terms and conditions of a website, if agreed to by the visitor up front, create a contract between the owner of the website and the visitor. It can have whatever provisions you want, as long as they do not violate applicable state law.

One question is which state provides the applicable law. Presuming you are in California, the visitor is in Nevada, the website is hosted in, say, Ohio. You may have a number of conflicting state laws involved. However, luckily, must states have adopted the Uniform Commercial Code which talks about waivers of implicit warranties of merchantability, etc. I might need to look into that if you like.

In general, though, having it there is a great start from a legal defense point of view. However, you also have to keep in mind that from a sales point of view, that might be a bit harsh; however, I hear where you're coming from.

As I remember, you are hosting a nanny training site. Is that correct?

I want to point out that the theory of being sued can be different from the reality. For example, if you charge $200 for participating in the site, is someone really going to pay a lawyer $10,000 to sue you over a measly $200. Same goes if the fee is $1,000.

Of course, the fear is that they sue you in Nevada and make you come there. Are there "minimum contacts" with the state of Nevada? (However, it doesn't matter what you put in your contract, they can "sue" you there anyway). Even if you have a forum selection clause saying that all lawsuits have to occur in your county in California, they could still sue you in Nevada, you have to hire a Nevada lawyer to file pleadings in the Nevada case to get the Judge to rule that the case should have been brought in California.

Some states do have versions of the Deceptive Trade Practices Act, which you should review.

My point is that a good starting point is to put it in there and then go from there. It may or not be technically enforceable, but it makes a great starting point for negotiations.

I guess my point is that you draft your terms and conditions as strongly as you can, but don't expect it all to be bulletproof.

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Customer reply replied 5 years ago
My website is straight forward and basically I am selling a how to guide, a map, a reference and a custom built resume. I plan on emailing all of this to the customer, after they have paid. I will never be committing any type of fraud I just want to cover my back so I have a peace of mind. If I am sure to have a disclaimer on my website I should be ok from any type of issues one could come after me for. correct? as i said I wont be doing anything illegal, just exactly what my website states. and that will be clear in my terms and disclaimer



Ok,
then my suggestion is to find a website or two that are similar and that you think highly of, download their terms and conditions and adapt to your situation (or have a lawyer of your choice do it). Beef it up as you see fit with "no refunds" etc. In the end it may or not be bulletproof, but it is the most you can accomplish with the terms and conditions.

I have a hard time seeing how you get sued for anything other than "This is all I get for my money?" As I said, a provision saying "no refunds" is not going to be an absolute shield, but it will go a long way. Like I also said, there is a difference between losing a lawsuit and "being sued for." It's the old, you can be sued by anyone, anywhere, for anything. Even if you win, you still have to pay substantial litigation costs. That's why most companies would rather just give the money back and make the customer happy rather than pay a lawyer $5-50k to defend a stupid lawsuit over a $20-$200 charge.

From what you've described, your business model sounds good and you're on the right track.

Let me know if I missed part of your question!
Good luck!
grantlawpc
grantlawpc, Attorney
Category: Business Law
Satisfied Customers: 31
Experience: Business Restructuring and Recovery Attorney with Unique Primary Experiance in Chapter 11 United States Bankruptcy Cases
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Customer reply replied 5 years ago
I appreciate your insight. I didnt look at it that way in terms of its better to refund their money than to risk being sued. I have the same hesitation that they will upset with " this is all i get for the money". Nothing is perfect and I know I will definitely have some un happy customers. I want to be sure I completely protect myself from any legal problems. Would you suggest a rock solid disclaimer written by a lawyer?
Customer reply replied 5 years ago
Sorry for the repetitive question I just sent. I re-read what you stated and you have provided me with a n abundance of great information. Thank you again.
No problem. Thank you!
Please let me know if you need anything else!
grantlawpc
grantlawpc, Attorney
Category: Business Law
Satisfied Customers: 31
Experience: Business Restructuring and Recovery Attorney with Unique Primary Experiance in Chapter 11 United States Bankruptcy Cases
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grantlawpc
grantlawpc
grantlawpc, Attorney
Category: Business Law
Satisfied Customers: 31
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