In other words, a clause in a contract is a unique section that addresses a specific need, privilege, right, deadline, or duty. Basically, a contract clause is a written section that unscrambles any contractual confusion.
The clauses you include in your terms of use agreement depend on what type of business you conduct, however, most terms of use policies have some or all of the following clauses: Introduction. Prohibited or acceptable uses. Account Termination and Suspension.
The term clause is a contractual provision that serves the simple, yet critical function of defining the period over which a contract has legal effect. In other words, it establishes when the contract begins and how long it will last.
The Terms of Use should require the user to make representations indicating that they are either the exclusive owner of their data or have the proper licenses or consents to use the data, and that your company will not be at risk of infringing any intellectual property rights of third parties.
1 Use plain language. 2 Define key terms. 3 Structure your clauses logically. 4 Be specific and precise. 5 Use examples and scenarios. 6 Review and revise your clauses. 7 Here's what else to consider.
Release: Party A hereby releases and discharges Party B from any and all claims, demands, actions, or causes of action, whether known or unknown, arising out of the abovementioned dispute. Consideration: In consideration for this release, Detail Any Compensation or Other Consideration Provided.
Terms and conditions — aka terms of use or terms of service — are integral to the protection and success of your website. They outline how you and your users are permitted to act, address your dispute resolutions and governing laws, reiterate your intellectual property rights, and limit your liabilities.
A “submission agreement” (also called an “agreement to arbitrate”) is a written agreement between two parties that establishes the use of arbitration to settle a dispute (or any and all disputes) that may arise between them.
We noted that arbitration clauses are made before any dispute arises. Submission agreements, however, are agreements to arbitrate made after the dispute has arisen.
“While arbitration clause is included within a written agreement between the parties, an arbitration agreement is an agreement made after a dispute has arisen between the parties.