Legal Question in Technology Law in Texas

I am in the works of creating a php classifieds website. I purchased my internet Terms Of Use from Leagal Zoom. Legal Zooms Limited Liabilty clause is as listed below. I added LOSS OF HEALTH, OR LOSS OF LIFE.

The reason I wanted something specifically stating this is because I've heard horror stories where someone met someone through a craigslist posting and got robbed, etc.

Is it good for me to have added this statement? Will it be enough to protect me? or was the Limited Liability basically saying the same thing anyway, just not using my exact words and I shouldn't make any changes to it? If I change it could it void the agreement between Leagal Zoom and me?

Limitation of Liability

www.salebayou.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR www.salebayou.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF HEALTH, OR LOSS OF LIFE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF www.salebayou.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.


Asked on 4/23/10, 11:33 am

1 Answer from Attorneys
Charles Williamson Charles J. Williamson, Attorney At Law

I would leave out the last sentence, "Some jurisdictions." There will be another part of the contract that stipulates something to the effect that where some terms of the contract may not apply, all the rest still apply.

Your additions are fine. They probably would not negate anything else in the contract (I say this, of course, without having looked at the whole contract, so be careful.)

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Answered on 4/28/10, 12:02 pm


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