By guest author, Larry Silverman
- Even if a user does not purchase products or services on your site, a contract is formed each time they use your site. As such, unless the site contains language in the posted Terms that clearly disclaims liability, your nonprofit could face liability from a user who claims an injury based on his/her alleged reliance on information contained on the site
- If your site allows users to post User Generated Content (“UGC”) such as photos, videos and writings and that UGC infringes on a third-party’s copyright, your nonprofit may be liable to that copyright owner UNLESS your site contains takedown procedure language in the Term’s that comply with the Digital Millennium Copyright Act (DMCA)
- Particularly if users can purchase products or services thru your nonprofit’s site, the site should require affirmative acceptance of the Terms via the “click thru” acceptance method. Otherwise, the various restrictions in your Term’s, including resolution of claims thru binding arbitration, the requirement that claims be filed in your locale and language limiting damages to the cost of the product or service, are likely to be deemed invalid and unenforceable by the court
HOW CAN I PROTECT MYSELF?
LARRY A. SILVERMAN, ESQ
4719 Bayard Street
Pittsburgh, PA 15213