Terms and Conditions

Acceptance of These Terms

This website, cash.sellto1putt.com (the “Site,” including all subdomains), is a copyrighted work
belonging to One Putt Properties (“we,” “us,” and “our”). These terms of service (the “Terms”) govern
your access to and use of the services available on this Site (the “Services”). Specific features of the
Site may have additional rules and terms associated with them, and such additional rules and terms
will be prominently posted or otherwise made available to each user (“you” and “your,” including any
entity you represent) and are incorporated herein by reference.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL
AGREEMENT BETWEEN YOU AND One Putt Properties. BY USING THIS SITE AND THE
RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS,
INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT
YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE
SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT
AGREE TOANYPARTOFTHESETERMS.

Children under 13 [thirteen] years old are allowed to use the Site and Services directed at children
with parental consent and supervision.

License to Use Website

This Site primarily operates as a(n) for-profit business website. This website provides information on
One Putt Properties and its properties. Subject to these Terms, you are granted a personal,
worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site.
You must use this license only in the manner permitted by these Terms for the sole purpose of using
and enjoying the benefit of the Services provided by the Site.

The Services provided may include advertisements, some of which may be targeted based on the
type of information on the Site, queries made, or other information, whether submitted by you or
others. The types and amount of advertising on the Site or through the Services is subject to
change.

Acceptable Use Policy

By using this Site you agree to use the Services in compliance with these Terms and all applicable
rules and regulations, including the local, state, national, and international laws that apply to your
jurisdiction. We are based in Florida, United States. This Site is meant for use by persons within the
United States. It may be illegal for certain persons to use the Site in some countries. We make no
claim that the Site will be legal or accessible outside of the United States. Subject to these Terms,
you may view, print, and use our content and Services as permitted on the Site and only for your
own personal, non-commercial use. You further agree and acknowledge that your use of this Site
and the Services results in you sending electronic interstate transmissions through our computer
network, and such transmissions may include, but are not limited to, any searches, file uploads,
posts, instant messages, or emails.

The following uses of the Site are prohibited unless we have intended to provide you with access or
have provided you express written permission to the contrary:

1. Using the Site in a manner that causes, or may cause, damage to the Site or in a way
that impairs visitors’ abilities to access or use the Site and Services, including using
the Site in a manner or for a purpose that is unlawful or fraudulent;

2. Using the Site in order to copy, store, upload, publish, use, transmit, host, or distribute
anything consisting of or linked to any computer virus, spyware, rootkit, worm,
keystroke logger, or other malicious computer software or software that may destroy,
damage, or alter a computer system;

3. Conducting any systematic or automated data collection on or related to the Site or its
users without their consent, including, without limitation, data mining, data extraction,
scraping, data harvesting, “framing,” or article “spinning”;

4. Using the Site to collect, harvest, or compile information or data regarding other users
of the Site without their consent;

5. Using software or automated agents or scripts to generate automated searches,
requests, or queries on the Site or to mine data from the Site, provided, however, that
operators of public search engines have our revocable permission to copy materials
from the Site for the sole purpose of and only to the extent necessary for creating
public search indices, but not caches or archives of such materials, according to the
parameters in our robots.txt file;

6. Transmitting or sending unsolicited communications, commercial or otherwise, or
conducting any marketing activities, including using the Site to send spam, pyramid
schemes, or chain letters;

7. Republishing (including on another website), duplicating, copying, redistributing,
selling, leasing, transferring, hosting, renting, or licensing any part of the Site or
otherwise commercially exploiting content, whether in whole or in part, on the Site;

8. Editing, modifying, making derivative works of, reverse engineering, or reverse
compiling any information, content, systems, or Services on the Site;

9. Accessing the Site in order to create a similar or competitive business, product,
service, or website;

10. Collecting, transmitting, distributing, uploading, or displaying any content or otherwise
using the Site in a manner that (i) violates the rights of any third party, including any
intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening,
vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or
promotes physical harm or injury, (iii) causes or may cause harm to minors in any way,
or (iv) impersonates another individual or organization or otherwise misrepresents
affiliation with another person or entity without permission;

11. Interfering with, disrupting, or overburdening servers or networks connected to the
Site;

12. Gaining or attempting to gain unauthorized access by any means to any part of the
Site or to computers or networks connected to the Site; and

13. Harassing, stalking, harming, or otherwise interfering with or negatively affecting
another user’s normal use and enjoyment of the Site.

14. International Use and Compliance

Due to the global nature of the internet, you understand and agree that it is your responsibility to
ensure that your use of the Site complies with all local, international, and other laws that may apply.
In addition, United States import and export control laws and the import regulations of other
countries may apply to the use of the Site. You agree not to export, upload, post, or transfer, directly
or indirectly, any software, technical data, or technology acquired through us, the Site, or the
Services in violation of such export or import laws, including, but not limited to, the United States
Export Administration Regulations (EAR) and the various United States sanctions programs.

Minors

We do not knowingly collect personal information or data from visitors under 18 years of age. You
may not use this site if you are under the age of 18 [eighteen].

User Accounts

Visitors to the Site are permitted to create user accounts or profiles. Upon registering for our
Services, you are considered a “Member” of the Site. You represent that all information you submit
when creating an account is true and accurate, and you promise to update and maintain the
accuracy of this information at all times. Each Member is the sole authorized user of his or her
account. Members are responsible for keeping their passwords and account access information
confidential. Therefore, you should take measures to restrict access to your account and to any
devices from which you access your account. As a Member, you are responsible for all activities that
occur under your account, and you acknowledge that One Putt Properties is not responsible for
unauthorized access to your account that results from theft or misappropriation of your account or
password. Members are prohibited from assigning or otherwise transferring their accounts and
passwords to others. You must notify us immediately if you know of or suspect that an unauthorized
use or other breach of security of your account or the Site has occurred. We may not be held liable
for any loss or damage that may arise from your failure to maintain the security of your account. You
may delete your account at any time and for any reason by following the instructions on the Site. We
retain the right to suspend or terminate your account at any time and for any reason, as further
detailed below

Enforcement of Acceptable Use Policy

Wereserve the right to review and investigate your use of the Site and to take any appropriate action
against you that we determine is necessary in our sole discretion should you violate these Terms or
otherwise create liability, loss, or damage for us, our Site visitors, or a third party. Such action may
include, but is not limited to, restricting your account privileges or terminating your account, initiating
proceedings to recover any losses and reporting you to law enforcement authorities.

Third-Party Resources

The Site may contain links and advertisements to third-party websites and services (collectively,
“Third-Party Resources”). You agree and acknowledge that Third-Party Resources are not under our
control and we are not responsible for the content, products, or services they provide. We provide
access to Third-Party Resources only as a convenience to you and do not monitor, endorse,
warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility
to exercise appropriate caution and discretion when using Third-Party Resources, and you
acknowledge that you assume all risks that arise from such use.

Modification of Site

We reserve the right to modify, add to, suspend, or terminate all or part of the Site or Services at any
time with or without providing prior notice to you. This includes the right to create limits on our
visitors’ use of Services and data storage. You agree that we are not liable for using or enforcing the
rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Site are
subject to these Terms.

Support or Maintenance

Although we may choose to provide customer support or website maintenance, you acknowledge
and agree that we are under no obligation to do so.

Restricted Access

Some parts of the Site may be restricted to certain visitors. If you have permission to access
restricted parts of the Site, you agree to not share your access information and password with third
parties. We may change the restricted parts of the Site from time to time. If you do not have access
to restricted parts of the Site, you agree not to use another user’s account to gain such access or
otherwise attempt to gain improper access to the restricted parts of the Site.

Privacy

We manage the collection, use, and security of your personal information according to our Privacy
Policy, incorporated herein by reference. By using this Site you consent to our collection and use of
your personal information as set forth in the Privacy Policy.
At times we may need to send you communications related to the Site or the Services. Such
communications are considered part of the Services, and you may not be able to opt out of receiving
them.
We reserve the right to access and disclose the information you submit to the Site if required to do
so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding
to requests for customer service, (ii) addressing fraud, security, or technical issues, (iii) protecting the
rights, property, and safety of One Putt Properties, its users, and the public, (iv) responding to legal
claims and processes, or (v) enforcing these Terms, including investigating potential violations.

One Putt Properties Rights and Ownership

Unless otherwise stated, One Putt Properties and its permitted licensors own all intellectual property
rights in the Site and its contents. These rights include, but are not limited to, ownership of all text,
graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive
brand features displayed on the Site or Services, including the compilation of any of the foregoing
items. Except for the limited rights granted by these Terms, neither these Terms nor your use or
access to the Site give you or any third party any intellectual property rights. We reserve all rights not
explicitly granted by these Terms, which do not grant any implied licenses. All copyrights,
trademarks, and other intellectual property notices on the Site or Services must be retained on all
copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create
derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in
part, any of the content on the Site or Services without our express prior written consent or the
consent of any third-party owners of the content. Site content is not for resale under any
circumstances.

Copyright Policy

We expect you to respect the intellectual property rights of others when using the Site and Services.
We will respond to any notices of copyright infringement that we receive that comply with applicable
law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of
infringement of your copyrighted material, please provide us with the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act
on their behalf;

2. Identification of the copyrighted work or works claimed to have been infringed;

3. Identification of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material;

4. Your contact information, including your address, telephone number, and an email
address, if available;

5. A statement by you that you have a good-faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law;
and

6. A statement that the information in the notification is accurate, and, under penalty of
perjury, that you are authorized to act on behalf of the copyright owner.

We may remove any content that is alleged to be infringing at our sole discretion without prior notice
and without liability to you. We also reserve the right to take other appropriate action against
infringers, such as terminating the user’s account if the user is determined to be a repeat infringer.
Please send any notice of alleged copyright infringement to our designated copyright agent at the
following address:

One Putt Properties
Attn: Copyright Agent
3125 US 1 South, Ste B
St Augustine, FL 32086

Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that
content is infringing or that allegedly infringing content was removed by mistake or misidentification
automatically subjects the complaining party to liability for damages, including costs and attorney’s
fees incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized
licensee, or by us, if injured by such misrepresentation.

Disclaimers

THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
THE SITE IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY
REPRESENTATIONS OR WARRANTIES WITH REGARD TOTHECONTENTPROVIDEDONTHE
SITE. WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES,
PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR
NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO
WARRANTY THAT THE SITE, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY
AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE,
NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS,
SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US ORTHROUGHTHESITE
ORSERVICES WILL CREATE ANY WARRANTYNOTEXPRESSLYMADEHEREIN.
YOUR USE OF THIS SITE AND THE SERVICES IS ATYOURSOLERISKANDWEASSUMENO
RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OFDATA, THEDELETION
OF INFORMATION YOU TRANSMIT ON THESITE, ORTHEDELETION ORFAILURE TOSTORE
OR TRANSMIT USER CONTENT ORPERSONALIZATIONSETTINGS THAT MAYRESULTFROM
YOURACCESSTOORUSEOFTHESITEANDSERVICES.YOUHEREBYWAIVEANYANDALL
CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR
INTERNET ACCESS.

THIS SITE AND ITS CONTENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
NOTHING ON THIS SITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS
ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL (INCLUDING
TRADING OR INVESTMENT PURPOSES), OR MEDICAL ADVICE. WE ENCOURAGE YOU TO
CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL,
MEDICAL, OR OTHER PROFESSIONAL ADVICE.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TOTHESITE, ALL SUCH
WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OFFIRST
USE.

SOME JURISDICTIONS DO NOT ALLOWTHEEXCLUSION OFIMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS
YOUMAYHAVEWHICHMAYNOTBELAWFULLYLIMITED

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, One Putt Properties,
INCLUDING ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES,
PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS, MAY NOT BE HELD LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS
OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY
LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i)
YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) THE
COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCT OR
CONTENT OF ANYTHIRDPARTYONTHESERVICES, INCLUDING WITHOUT LIMITATION, ANY
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
(iv) ANY CONTENT OBTAINED FROM THE SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR
ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED
TO THE SITE OR SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN
EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY
OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONEHUNDREDU.S. DOLLARS (U.S.
$100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE
SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL
NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS,
AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR
RELATING TO YOUR USE OF THE SITE OR SERVICES. YOU FURTHER AGREE NOT TO
BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY,
WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE,
OROTHERWISE.

NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THELIMITATIONS AND
EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY
LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Release

You agree to indemnify, defend, and hold harmless One Putt Properties and its subsidiaries, officers,
employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not
limited to, costs and attorney’s fees, from any claim or disputes by a third party arising out of your
use of the Site, violation of these Terms, violation of applicable law, or your posting, modifying, or
otherwise transmitting content through the Site or Services. We reserve the right, at your expense, to
assume exclusive control over the defense of any claim or dispute for which you must indemnify us.
You agree to cooperate fully with us in defending such claims or disputes, and you agree not to
settle any such claims or disputes without our prior written consent. We will make a reasonable effort
to provide you with notice of any such claim or dispute once we receive notice.

Termination

We may suspend or terminate your access to the Site at any time and for any reason or no reason at
all, with or without notice, at our sole discretion. This may result in deletion of information associated
with your account. You may also terminate your account by deactivating it or by submitting a
termination request and discontinuing your use of the Services. Your account may be deactivated if it
experiences a prolonged period of inactivity. Where applicable, all rights and responsibilities of the
parties under these Terms will survive the termination of this agreement, including, without limitation,
intellectual property ownership, warranties, disclaimers, and limitations of liability.

Modification of These Terms

We may modify or update these Terms from time to time at our sole discretion. All updates will be
effective from the time and date that they are posted. We recommend checking this page regularly
for any updates. Your continued use of the Site and Services signifies your acceptance of the
updates that occur. We may send you notice of updates to these Terms, including, but not limited to,
by email, posting on the Site, or other reasonable means.

Violations of These Terms

Should you breach these Terms, we may take any and all actions we deem appropriate in our sole
discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating
your access to the Site and Services and your account.

General Terms

a. Entire Agreement

These Terms and our Privacy Policy represent the entire and exclusive agreement between you and
One Putt Properties regarding your use of the Site and Services, superseding and replacing all
previous agreements. You may also be subject to additional terms and conditions or separate
agreements regarding specific Services we provide, partner or affiliate services, use of Third-Party
Resources, or any purchases you may make through the Site.
In the event that these Terms are translated into other languages and there is a discrepancy
between the two language versions, the English language version will prevail in all cases to the
extent that such discrepancy is the result of an error in translation.

b. Waiver and Severability

Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right
or provision.

If any provision of these Terms or the application thereof is held to be invalid or unenforceable for
any reason and to any extent, that provision will be considered removed from these Terms; however,
the remaining provisions will continue to be valid and enforceable according to the intentions of the
Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is
invalid or unenforceable, but that by limiting such provision it would become valid and enforceable,
then such provision will be deemed to be written, construed, and enforced as so limited.

c. Assignment

Your rights and obligations under these Terms, including any accounts, profiles, or personalization
settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by
you without our prior written consent, and any attempt to do so will be null and void. We may freely
assign these Terms and our rights and obligations hereunder without notice to you, and these Terms
will continue to be binding on assignees.

d.Cumulative Rights

The rights of all parties under these Terms are cumulative and will not be construed as exclusive of
each other unless otherwise required by law.

e. Law and Jurisdiction

These terms shall be governed by, and will be construed under, the laws of Florida, United States,
without regard to or application of its conflict of law principles or your state or country of residence.
All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the
Site or Services will be brought exclusively in the federal or state courts located in Florida, and you
hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.

Electronic Communications

Electronic communications occur whenever you use the Site or Services, you send us emails, we
send you emails, and we post notices on the Site. You consent to receive such electronic
communications and agree that the electronic communications, including, without limitation, all
notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal
requirement that such communications would satisfy if provided to you in a written hardcopy.

Feedback and Complaints

You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site
or Services and agree that we have the right to use and fully exploit all such feedback or complaints
in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as
non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you
consider confidential or proprietary.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the
Division of Consumer Product of the California Department of Consumer Affairs by contacting them
in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.

Contact Information

Please report any violations of these Terms to us. If you require any more information or have any
questions about these Terms, you may contact us as follows:

One Putt Properties
3125 US 1 South, Ste B
St Augustine, FL 32086

Instructions for Your Terms of Use

All websites need to post their website terms of use in order to notify visitors of its rules and protect
themselves from a wide variety of potential legal liabilities. The following information explains the
main sections and key considerations of website terms of use.

Note that this document is meant for websites based within the United States. It may not be
appropriate for sites hosted in other countries or may need additional language.

Acceptance of Terms

This section explains that, by using the website and any services provided, the visitor agrees to
abide by the terms and conditions. These terms are a binding legal agreement. Also, the section
specifies any age restrictions you impose on visitors.

Browsewrap vs. Clickwrap

“Browsewrap” is the term used for websites that allow users to accept their terms and conditions
simply by navigating through the site. “Clickwrap,” on the other hand, refers to sites that require
visitors to affirmatively agree to the terms by clicking an “Accept” button, or checking a similar box,
before creating an account or making a purchase.
Browsewrap is typically only used for static sites that are primarily informational in nature with little to
no interaction with the site or others and do not offer products or services for sale. Clickwrap is
recommended for all sites that go beyond browsewrap by selling products and services or allowing
users to post content or interact with others.
If you choose to implement clickwrap, you should be sure that your method requires visitors to make
an affirmative action assenting to the terms and conditions. Best practice is to require visitors to
scroll through the entire terms (and privacy policy, if you have one) before they can click the button
or box to agree

License to Use

Visitors are granted the limited right to use the website so long as they conform to the requirements
set out in the terms.

You, as the website operator, have the right to advertisements, some of which may be targeted
based on the type of information on the site, queries made, or other information submitted by
visitors. The types and amount of advertising on the site is subject to change.

Cookies

This section explains that your website uses cookies, which store information related to visitors’
preferences, browser type, and other information in order to optimize their experiences. Visitors may
choose to decline cookies by disabling them in their browser settings.

Acceptable Use Policy

This section explains your rules for conduct and provides a lengthy list of prohibited uses of the
website, including using the website

1. for illegal purposes,
2. to transmit viruses and other malicious computer software,
3. to harvest data,
4. to transmit or send unsolicited communications,
5. to commercially exploit its content,
6. to attempt to gain unauthorized access to restricted parts of the site, and
7. to harass, stalk, harm, or otherwise interfere with another user’s normal use and
enjoyment of the site.

International Use and Compliance

Visitors are responsible for ensuring that their use of the site conforms to all local, international, and
other laws that may apply.

Minors and the Children’s Online Privacy Protection Act

This section, if included, explains whether you knowingly collect, or allow others to collect, personal
information or data from visitors under 13 years of age and, if so, provides your reasons for doing so.
Website operators that collect this information are required to comply with the Children’s Online Privacy Protection Act (COPPA), which includes obtaining verifiable parental consent to your collection and use of data pertaining to children.

User Accounts

This section is included if you allow visitors to the website to create user accounts or profiles. Those
that do so are called “Members.” By creating an account, each Member agrees that all information
submitted when creating an account is true and accurate and promises to update and maintain the
accuracy of this information at all times. Each Member is the sole authorized user of his or her
account and is responsible for keeping passwords and account access information confidential.

User Content

This section is included if you indicated that visitors can submit content on the site. After providing a
definition of such “User Content,” the section explains that you do not monitor, support, or endorse
the submission or publication of any particular User Content and, therefore, may not be held
responsible for it. You may remove User Content at any time and for any reason, without notice.

User Content License

Visitors maintain ownership of all User Content submitted and grant you a license to use, publish,
copy, and modify the content as you choose.

Enforcement of Acceptable Use Policy

You may review and investigate visitors’ use of the site and take any appropriate action against them
that you determine necessary in your sole discretion.

Third-Party Resources

Here, you explain that the site may contain links and advertisements to third-party websites and
services, called “Third-Party Resources.” Visitors agree that Third-Party Resources are not under
your control and that you are not responsible for the content, products, or services they provide.

Modification of Site

In this section, you reserve the right to modify, add to, suspend, or terminate all or part of the site or
its services at any time with or without providing prior notice to visitors.

Support or Maintenance

Here, visitors are told that you are under no obligation to provide customer support or website
maintenance.

Restricted Access

Visitors agree not to use the site to gain improper access to restricted parts. If you provide visitors
with account access to areas of the site that are restricted to the general public, such visitors agree
not to share their password and other access information with others

Privacy

This section alerts visitors to your privacy policy, if you have one, and explains the general situations
that you may be required to disclose visitor information to others; for instance, to respond to legal
claims or requests for customer service.

Your Rights and Ownership

With the exception of any User Content that may be submitted by visitors, you own all intellectual
property rights to the content on the website. Visitors agree not to sell, copy, or otherwise
misappropriate your intellectual property and to keep all copyrights, trademarks, and other
intellectual property notices on all copies of your content.

Copyright Policy

This section outlines the process for reporting any allegations of copyright infringement on your
website according to the proper procedure outlined under 17 U.S.C. 512(c) and then designates
your copyright agent responsible for receiving and investigating such notices. This information is
necessary to comply with the safe harbor provisions of the Digital Millennium Copyright Act (DMCA).
These requirements include that you (a) provide notice to your users of your policies regarding
copyright infringement and the consequences of repeated infringing activity, (b) follow the proper
notice and takedown procedures, including removing, or disabling access to, the material, providing
notice to the individual responsible for such material, providing such individual with an opportunity to
provide proper “counter-notice,” and complying with applicable procedures thereafter, and (c)
designate an agent to receive notices of infringement from copyright owners.

Sales, Refund, and Cancellation Policies

If you sell goods or services through your website, then you should outline your sales policy in this
section, including any conditions of sale, return policies, guarantees, payment details, fees, and
shipping terms. Doing so helps avoid potential disputes and lawsuits with aggrieved visitors.
Likewise, you should include any refund and cancellation policies you may have in order to put
visitors on notice and avoid conflicts.

Disclaimers

The disclaimers include many of your most important terms and conditions. Among these, visitors
are told that the site is provided on an “as-is” basis, and potential express and implied warranties are
disclaimed in order to prevent visitors from seeking to hold you liable for promises you do not intend
to offer. This also includes disclaimers for any loss or damages that may occur to visitors’ computers,
internet connections, or User Content.
Visitors are told that the content on your website is for informational purposes only and does not
offer any professional advice, including legal, financial, or medical advice.

Limitation of Liability

This is another important section because it limits your potential liability for visitors’ use of the site to
a maximum of the greater of $100 or amounts paid by the visitors in the past six months.
Visitors also agree not to bring any claims personally against any of your subsidiaries, officers,
employees, contractors, agents, affiliates, partners, suppliers, or licensors.

Indemnity and Release

Here, visitors agree to indemnify you against (meaning pay for) any claims by third parties that result
from visitors’ use of the site.
Visitors agree not to pursue any claim or action they may have against you or your affiliates.

Termination and Modification

You may terminate visitors’ access to any part or service on the site at any time in your sole
discretion, without notice.
You may also update these terms at any time. Visitors’ continued use of the site constitutes
acceptance of such updates. You will provide visitors with notice of such updates by any reasonable
means, including by email or posting notice in a prominent place on the site.

Violation of These Terms

You have the right to take any and all appropriate actions you deem necessary should a visitor
breach these terms. This may include suspending, blocking, or terminating their access.

Dispute Resolution

If you choose to include this option, all disputes relating to the site, services, or these terms are
required to be resolved through mandatory binding arbitration administered by the American
Arbitration Association.

Feedback and Complaints

Visitors assign you the right to use and fully exploit all feedback or complaints they submit in any
manner you wish, commercial or otherwise.

Contact Information

The last section includes the website operator’s contact information, which is an important
requirement that helps visitors report any violations of your terms that they may witness and to
contact you for help and other matters.