This document provides a sample terms and service for an e-commerce website. Users
on the website must accept these terms before they can access or use the website.
This document includes the account terms, acceptable uses, payment provisions,
electronic communications, copyrights and licenses. In addition, these terms protect the
website by providing a disclaimer and a limitation of liability clause. This document is
ideal for small businesses that offer e-commerce services on a website.
E-commerce Terms & Conditions
By visiting ___________________ (the “ABC” or “Website”) you agree to the following
terms & conditions.
Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you
do not agree to be bound by the Terms & Conditions, do not access or use this Website.
This website is provided by _______________. By using this Website or by placing any
purchase orders using the Website, you agree to abide by the terms and conditions set forth
herein. Only upon acceptance of the terms contained herein, you will be entitled to submit
electronic orders. Any violation of the terms will result in termination of your account.
This website is not intended for persons under 18 years of age.
By registering with the Website you can access or view the prices, product inventories, and
submit purchase orders electronically. You are responsible for using the Website in a private and
secure manner. We will not be liable for any damage or loss caused from any unauthorized
account access resulting from your actions, such as not logging out of the account or sharing
your account password. We reserve the right to refuse registration or cancel an account at any
You shall not do any of the following or permit any other third parties to do any of the following:
(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene,
pornographic, or profane information of any kind, including, without limitation, any
transmissions constituting or encouraging conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any local, provincial, state, national or international
law, including without limitation, export control laws and regulations;
(b) Post or transmit any information or software that the sender is aware contains a virus,
worm, or other harmful component;
(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software
or other material which is protected by copyright or other proprietary right, without obtaining the
permission of the copyright owner or right holder;
(d) Account sharing, including, without limitation, letting third parties use your account and
Modification of these Terms & Conditions:
© Copyright 2013 Docstoc Inc. 2
ABC reserves the right to change or modify any of the terms contained in these terms &
conditions, at any time. Any such modifications or changes will immediately become effective
upon posting of such changes. Your continued access or use of this Website will imply your full
acceptance of the same. You are therefore responsible for regularly reviewing these Terms &
Conditions and additional terms or notices posted on the Website.
You agree to pay the full price for all Products you purchase from the Website. We reserve the
right to charge extra charges for your credit card or PayPal account for any products purchased
from the Website. You are responsible for the timely payment of all fees and for providing us
with a valid credit card or PayPal account details for payment of all fees.
When you visit the Website or send any emails to us, you will be communicating electronically
with us. By such electronic communication you agree to receive such communications from us
electronically. You acknowledge that your electronic submissions constitute your agreement and
your acceptance to be bound by and to pay for such agreements and transactions. Your
agreement and intent to be bound by electronic submissions applies to all transactions you enter
into on the Website, and all records including notices of cancellation, policies, contracts, and
Copyright and Licenses
This Website and the entire contents contained on this Website, including but not limited to: text,
graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and
software, are the sole and exclusive property of ABC. All such contents and materials are
protected by domestic and international copyright and trademark laws. You hereby agree not to
modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the
Website or any contents contained on the Website without the prior expressed written consent of
ABC grants you a non-exclusive, non-transferable, limited license to access and make use of the
contents or information available on the Website for your personal use and not to download or
modify it, or any portion of it, except with the express written consent of ABC. You may not
reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial
purpose this Website or any portion of this Website without the express written consent of ABC.
You agree not to interrupt or attempt to interrupt the operation of the Website in any way.
ABC authorizes you to view and download the information and materials available on this
Website only for your personal, non-commercial use. This authorization shall not constitute a
transfer of title in and to the materials and is subject to the following restrictions: (a) you must
retain, on all copies of the materials downloaded, all copyright and other proprietary notices
© Copyright 2013 Docstoc Inc. 3
contained in the materials; (b) you may not modify the materials in any way or reproduce or
publicly display, perform, or distribute or otherwise use them for any public or commercial
purpose; and (c) you must not transfer the materials to any other person unless you give them
notice of, and they agree to accept, the obligations arising under these terms and conditions.
Disclaimer of Warranty/Limitation of Liability:
THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY WEBSITE ON AN
“AS IS” AND “AS AVAILABLE” BASIS. ABC MAKES NO EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO
THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, ABC DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ABC DOES
NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM
WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ABC WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF
THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WEBSITE USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE
INFORMATION ON THIS WEBSITE. ABC ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS
IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN
INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, ABC SHALL
HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE
PRODUCT LISTED INCORRECTLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
Third Party Links
For your convenience ABC may provide, links to third party websites operated by other entities
on the Website. If you use such third party sites, you will leave this Website. If you decide to
visit any linked third party website, you do so at your own risk and it is your responsibility to
take all protective measures to guard against viruses or other destructive elements. ABC does not
make any warranty or representation regarding, and does not endorse, any linked websites or the
information appearing thereon or any of the products or services described thereon. Any third
party links do not imply that ABC sponsors, endorses, is affiliated or associated with any linked
third party websites.
© Copyright 2013 Docstoc Inc. 4
By visiting the Website, you agree that the laws of the state of ________________, without
regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of
any sort that might arise between you and ABC.
Any dispute relating in any way to your visit or access of the Website or to the products you
purchase through the Website shall be submitted to binding arbitration in ______________
county, _____________ state. Arbitration under these Terms & Conditions shall be conducted
under the rules then prevailing of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be
joined to an arbitration involving any other party subject to these Conditions of Use, whether
through class arbitration proceedings or otherwise.
You agree to indemnify, defend and hold harmless Website, its officers, directors, owners,
partners, employees, agents, licensors, suppliers and any third party information provider to the
Website from and against all losses, expenses, damages and costs, including attorney's fees,
resulting from any violation of these Terms & Conditions (including negligent or wrongful
conduct) by you or your use and access of the Website.
ABC's failure to insist upon or enforce strict performance of any provision of these Terms &
Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any
provision of these Terms & Conditions.
ABC may assign its rights and duties under these Terms & Conditions to any party at any time
without notice to you.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity or enforceability of any
remaining condition. Any rights not expressly granted herein are reserved.
© Copyright 2013 Docstoc Inc. 5
INFORMATION AND FORMS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS
FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL DOCSTOC, INC., OR ITS AGENTS, OFFICERS, ATTORNEYS,
ETC., BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE MATERIALS, EVEN IF DOCSTOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. They are for
guidance and should be modified by you or your attorney to meet your specific needs and the laws of your state or jurisdiction. Use at
your own risk. Docstoc® is NOT providing legal or any other kind of advice and is not creating or entering into an Attorney-Client
relationship. The information, reports, and forms are not a substitute for the advice of your own attorney. The law is a personal matter
and no general information or forms or like the kind Docstoc provides can always correctly fit every circumstance.
Note: Carefully read and follow the Instructions and Comments contained in this document for your customization to suit your specific
circumstances and requirements. You will want to delete the Instructions and Comments from open bracket (“[“) to close bracket (“]”)
after reading and following them. You (or your attorney) may want to make additional modifications to meet your specific needs and the
laws of your state. The Instructions and Comments are not a substitute for the advice of your own attorney.
◊ Where within this document you see this symbol: ◊ or an instruction states “Insert any number you choose◊,” or something similar, or
there is a blank for the user to complete, please note that although Docstoc believes the information or number may be any that the user
chooses, and that there is no law governing what the information or number should be, you might want to verify this, including by
consulting with your own attorney practicing in your state. Because the law is different from jurisdiction to jurisdiction and the laws are
subject to change, Docstoc cannot guarantee—and disclaims all guarantees—that it is correct for the information or number to be
anything that the user chooses.
The information, forms, instructions, tips, comments, decision tree alternatives and choices, reports, and services in and through Docstoc
are not legal advice, but are general information / forms on general issues often encountered designed to help Docstoc users, members,
purchasers, and subscribers address their own needs. But information, including tips, general forms, instructions, comments, decision
tree alternatives and choices, and reports, no matter how seemingly customized to conform to the laws and regulations applicable to you,
is not the same as legal advice, which may be the specific application of laws and regulations by lawyers licensed to practice law in your
state to the specific circumstances and needs of individuals and entities. Some states, counties, municipalities, and other governmental
divisions, have highly specific laws and regulations, and our information / forms / reports may not take all those specific laws and
regulations into consideration, although we tried to do so.
Docstoc is not a law firm and the employees and contractors (including attorneys, if any) of Docstoc are not acting as your attorneys, and
none of them are a substitute for the advice of your own attorney licensed to practice law in your state. The employees or contractors of
Docstoc, who wrote or modified any form, instructions, tips, comments, decision tree alternatives and choices, and reports, are NOT
providing legal or any other kind of advice and are not creating or entering into an Attorney-Client relationship. Any such form,
instruction, tips, comments, decision tree alternatives and choices, and reports were most likely NOT prepared or reviewed by an
attorney licensed to practice law in your state, and, therefore, the employees or contractors could not provide you with legal advice even
if they or Docstoc wanted to. Even though we take every reasonable effort to attempt to make sure our information / forms / reports are
accurate, up to-date, and useful, we recommend that you consult a lawyer licensed to practice law in your state if you want professional
assurance that our information, forms, instructions, tips, comments, decision tree alternatives and choices, and reports; your
interpretation of it or them; and the information and input that you provide are appropriate to your particular situation. Application of
these general principles and wording to particular circumstances should be done by a lawyer who has consulted with you in confidence,
learned all relevant information, and explored various options. Before acting on these general principles and general wording, you might
want to hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The information, forms, instructions,
tips, comments, decision tree alternatives and choices, and reports, available on and through Docstoc are not legal advice and are not
guaranteed to be correct, complete, accurate, or up-to-date. Because the law is different from jurisdiction to jurisdiction, they are subject
to changes, and there are varying interpretations and applications by different courts and governmental and administrative bodies, and
Docstoc cannot guarantee—and disclaims all guarantees—that the information, forms, and reports on or through the site and services are
completely current or accurate. Please further note that laws change and are regularly amended; therefore, the provisions, names, and
section numbers of statutes, codes, or regulations, and the types of permits or licenses within any forms or reports, may not be 100%
correct, as they may be partially or wholly out of date and some relevant ones may have been omitted or misinterpreted.
Docstoc is not permitted to engage in the practice of law. Docstoc is prohibited from providing any kind of advice, explanation,
opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection, or completion of
forms or strategies.
NOT protected by the attorney-client privilege or work product doctrine since Docstoc is not a law firm and is not providing legal
advice. No Docstoc employee, contractor, or attorney is authorized to provide you with any advice about what information
(again, which includes forms) to use or how to use or complete it or them.
Entire document copyright © Docstoc®, Inc., 2010 - 2013 All Right Reserved
© Copyright 2013 Docstoc Inc. 6
mat your Submission; and to publish your name in
connection with your Submission. No compensation will be paid with respect to the use of your
Submission, as provided herein. ___Company Name______ is under no obligation to post or use
any Submission you may provide and may remove any Submission at any time at ___Company
Name______‟s sole discretion. By posting, uploading, inputting, providing or submitting your
Submission, you warrant and represent that you own or otherwise control all of the rights to your
Submission as described in this section including, without limitation, all the rights necessary for
you to provide, post, upload, input or submit the Submissions.
___Company Name______ does not and cannot review all communications and materials posted
to or created by users accessing the Site, and thereby is not in any manner responsible for the
Content of these communications and materials.
However, ___Company Name______ reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of
another or (d) offensive or otherwise unacceptable to ___Company Name______ in its sole
FEES AND SERVICES:
The Fees Schedule is outlined on the Payment Terms page and is incorporated herein. [Mention
Fee Structure for buyers and sellers]
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all
charges applicable to your Service. In addition, you are responsible for paying any taxes,
surcharges, fees, and assessments imposed by ___Company Name______ or a governmental
authority from time to time in connection with the Services.
Terms & Conditions- Ecommerce Site 8
EMAIL NEWSLETTER & SURVEYS:
This Site may contain online contests and surveys. Contests are solely to generate user interest.
The surveys are for informational purposes and primarily contain sets of „multiple choice‟
questions. Participation in such contest and surveys is voluntary
All software tools such as ______________________ (“Software”) etc, are proprietary tools of
___Company Name______ and you have been granted the license to use them to facilitate your
transaction. These tools are covered by copyright laws and international treaty provisions. Any
reproduction or redistribution of the Software is expressly prohibited by law, and may result in
severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Payments between Sellers and Buyers
[Insert payment method and more between buyer and seller] Any payments made between Site
Users outside of the Site's online marketplace are not under the control or jurisdiction of this
Site. This Site will not refund any payments made to Site Users outside of the Site's online
marketplace. If you make a payment to a User outside of this Site's online marketplace and
believe you are entitled to a refund of all or a portion of this payment amount, your sole recourse
is to contact the User directly and attempt to negotiate and obtain a refund from this User.
Payments to ___Company Name______
Authorization To Credit And Debit Accounts. The ___Company Name______ Payment
Service requires User to pay with a credit card, wire transfer, ACH or debit card or check. You
irrevocably and expressly authorize ___Company Name______ to credit any monies to the
account that you have identified for ___Company Name______. You irrevocably and expressly
authorize ___Company Name______ to withhold any monies and/or debit any monies from any
account that you have identified to ___Company Name______ for any charge backs, fees, costs,
deductions, adjustments and any other amounts owed to ___Company Name______. We reserve
our rights to all actions and remedies in connection with any monies owed to ___Company
Name______. You will indemnify, defend and hold us harmless for any claims, demands or
causes of actions that we take toward any identified account pursuant to this Section.
VIOLATION OF TERMS AND LIQUIDATED DAMAGES:
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing
Terms & Conditions- Ecommerce Site 9
Our failure to act with respect to a breach by you or others does not waive our right to act with
respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes
necessary for ___Company Name______ to pursue legal action to enforce these Terms, you will
be liable to pay ___Company Name______ the following amounts as liquidated damages, which
you accept as reasonable estimates of ___Company Name______‟s damages for the specified
breaches of these Terms:
[Insert various events of breach and their corresponding liquidated damaged to be paid]
Otherwise, you agree to pay ___Company Name______'s actual damages, to the extent such
actual damages can be reasonably calculated. Notwithstanding any other provision of these
Terms, ___Company Name______ retains the right to seek the remedy of specific performance
of any term contained in these Terms, or a preliminary or permanent injunction against the
breach of any such term or in aid of the exercise of any power granted in these Terms, or any
LINKS TO/FROM THIRD PARTY SITES:
This Site contains links to third party sites. User accesses these sites at User's own risk; the Site
is not responsible for the Content, changes, updates, or other links contained in a linked site.
___Company Name______ provides these links merely as a convenience, and the inclusion of
such links does not imply an endorsement by ___Company Name______ of the websites.
Any third party desiring to link to the Site must link to the Site‟s homepage located at
www.___Company Name______.com (or .org, .info, .biz). No one may link to any other page of
this Site without the prior written consent of the Site.
___Company Name______ is only an online marketplace. We do not represent any user or
involve in any transaction and we do not arbitrate disputes. It is prudent that buyers and sellers
perform their own due diligence before conducting a transaction.
___Company Name______ and ___Company Name______ are not involved in any
transaction, and does not handle payments, guarantee transactions, provide escrow services, or
offer "buyer protection" or "seller certification". We have no liability in any transaction between
a buyer and seller. We do not offer any buyer protection with regard to fraud, mislabeled items,
broken items, illegal items etc. We do not provide seller‟s protection in terms of escrow services.
Although we would make commercially reasonable efforts to make smooth transactions between
buyers and sellers, transacting parties acknowledge that ___Company Name______ DOES NOT
Terms & Conditions- Ecommerce Site 10
provide any buyer and/ seller protection and should NOT be held liable for any adverse claims
NO PARTNERSHIP OR AGENCY:
User understands and acknowledges that no joint venture, partnership, employment, or agency
relationship exists or is created between User and ___Company Name______ as a result of use of
___Company Name______ and ___Company Name______ is strongly committed to protecting
does not disclose or release personal or financial information about you except what is necessary
COMPLIANCE WITH STATE AND FEDERAL LAWS:
Use of this Site is governed by all applicable federal, state, and local laws. All information
available on this Site is subject to U.S. export control laws and may also be subject to the laws of
the country where you reside. ___Company Name______ makes no representation that the
Content on this Site is appropriate or available for use in other locations, and access to it from
territories where the Content is illegal and prohibited.
___Company Name______ may be required by state or federal law to notify you of certain
events. You hereby acknowledge and consent that such notices will be effective upon our posting
them on the Site or delivering them to you through e-mail. You may update your e-mail address
by visiting the Services where you have provided contact information. If you do not provide us
with accurate information, ___Company Name______ cannot be held liable if we fail to notify
constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action
after such claim or cause of action arose or be forever barred.
terms by reference, constitute the entire agreement between you and ___Company Name______
and govern your use of the Site, superseding any prior agreements that you may have with us.
Terms & Conditions- Ecommerce Site 11
These Terms shall be construed in accordance with the laws of the State of _______, and the
parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel
or before a court of competent jurisdiction in _______________, ____(state) if seeking interim
or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable
law, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision, and the
remainder of the Terms shall continue in effect.
By your use of this Site, you agree that:
1. You have read, understood and agreed to abide by all of the Terms and Conditions
expressly set out below and those incorporated by reference;
2. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE
OF ANY CONTENT , INCLUDING ANY RELIANCE ON THE ACCURACY,
COMPLETENESS, OR USEFULNESS OF SUCH CONTENT .
us at _______________
PROHIBITED AND RESTRICTED ITEMS:
feature in our Prohibited and restricted items.
[List the Prohibited and Restricted Items]
Terms & Conditions- Ecommerce Site 12
“All forms and documents from DocStoc are provided “as is” without warranty of any kind,
express or implied. DocStoc does not provide any legal advice, and assumes no responsibility
for the enforceability or effectiveness of its documents. Users should consult with a lawyer if
there is any question as to the appropriateness of the documents for their particular situation.”
Terms & Conditions- Ecommerce Site 13