Legal Question in Business Law in California

New Online Website

I am currently developing a new website that will feature the ability to buy and sell advertising space. It will facilitate merchant services as well as personal information that users may want to keep private (names, phone numbers, addresses, etc). I have three questions:

1) What kind of legal protection do I need? (such as user agreements)

2) How can I get these agreement forms?

3) Do I have to go through a lawyer to compose these agreement forms?

Any assistance would be greatly appreciated. Thank you.


Asked on 8/31/06, 3:26 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: New Online Website

You need thorough corporate formation documents, contracts, liability releases, user agreements, etc, etc, custom drafted for your intended purpose; there are no worthwhile 'forms' for such things, other than prior work done by the attorneys you may hire. The web mentality of 'free everything' has misled people into thinking that professional and experienced help is no longer needed. Yet, think about it: are you going to provide your proposed services for free, or post your work product on line for others to use 'free'? Why would any professional or businessman do so? There are probably 'do it yourself brain surgery' manuals on line; I know there are numerous poorly drafted 'free' documents. But, just because something is 'written down' doesn't make it true, accurate, or useable by someone without appropriate training and experience. With all that said, your businesses will need competent legal advice and help in this matter, to avoid disputes, lawsuits and legal liability later over matters not covered, or covered poorly. You will find the truth of the saying that, an ounce of prevention is better than a pound of cure. I tell people that it may cost a few dollars to do the work now, or many tens of thousands later to defend the lawsuits and pay the damages. Feel free to contact me if you decide to do it right.

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Answered on 8/31/06, 1:56 pm


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