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I an opening a membership website where I am offering

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members exclusive access to two...
I an opening a membership website where I am offering members exclusive access to two of my ebooks. On top of the two ebooks, the members will have access to an archive of hundreds of articles that I have written, neatly organized in categories. Now, these articles are mine (I own the copyright) but they are published already live on several of my websites that can be accessed for free. Most websites I totally own, but just one I split revenue with a company who offers the platform but I own copyright still and am even able to delete the articles from that website if I ever want to.Anyhow, I need help postulating a disclaimer or some sort of warning in small print letting members know that they are getting exclusive access to the ebooks but that access to the archive is provided as a courtesy and that they are getting all my articles from several of my websites neatly organized in one place for their convenience Do I need to clarify that they are already published somewhere? I am sure not many members will go on to google the articles to check if they are already published, but I don't want to upset anybody and risk some lawsuit because of people paying for things that are already available on the web for free. Can you help me postulate some sort of disclaimer to protect myself? Thanks
Submitted: 6 months ago.Category: Business Law
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Answered in 11 minutes by:
12/21/2017
Business Lawyer: legalg, Attorney replied 6 months ago
legalg
legalg, Attorney
Category: Business Law
Satisfied Customers: 13,647
Experience: General Practitioner. Research Attorney
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A disclaimer may state that the information, articles or ebooks contained on the site may be available on other domains. That would be an appropriate disclosure. But if that is the case that would contradict the exclusive access language so that may be modified to read exclusive access to certain articles for example. The problem is that if it states exclusive access to all the content and that is not true that may be misrepresentation, fraud in the inducement and false advertising.
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Customer reply replied 6 months ago
Relist, I am afraid my question was not fully understood. Access to the two ebook would be exclusive (only available to members on the website),while the archive of articles is what is published elsewhere. I was hoping for an example of a disclaimer I can use that states that access to the ebook is exclusive while the archive of articles (which are already published somewhere else) are provided as a courtesy for easy access.
Customer reply replied 6 months ago
to reformulate; the 2 ebooks are exclusively only found on the membership website, they are totally original ebooks authored by me and not available elsewhere on the web . While the archive of over 100 articles, also offered on the membership website are all articles that I have written but are already published elsewhere on the web.
Customer reply replied 6 months ago
How can I disclose this so to prevent any legal issues?
Business Lawyer: California Lawyer, Attorney replied 6 months ago
California Lawyer
Category: Business Law
Satisfied Customers: 1,097
Experience: Licensed to practice law in California
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Hello,

I will try and help. I would say something like, "exclusive access to ___ , as well as access to hundred of hundreds of other articles."

That should about do it I would think.

DCG

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Customer reply replied 6 months ago
Thanks! Do you think I would have to specify "exclusive access to the ebook, as well as access to hundreds of articles that are already published elsewhere? or can I refrain from specifying this since exclusive is only used for the ebook? Just trying to cover myself as much as possible, thanks.
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