Terms of Service

• We would recommend more robust IP language to ensure all information, trademarks, content, and materials are the property of Wear-Con. Additionally, there should be a license grant for users to use the website (and its content), which can be terminated at Wear-Con’s discretion.
• The terms do not contain adequate language with regard to Wear-Con’s right to modify the site (and its content), nor does it explain Wear-Con’s right to terminate an individual’s access to the site.
• The terms should be more explicit with regard to user conduct. There should be explicit references to the type of conduct that is strictly prohibited (e.g., commercial exploitation, hacking, IP infringement, etc.).
• There should be an explicit disclaimer for any third-party material or links on Wear-Con’s site. Wear-Con should not be responsible for any third-party materials or links.
• The disclaimer of warranties should be more robust to ensure that warranties of any kind are disclaimed. This ensures individuals are aware that Wear-Con is not making any promises with regard to the information obtained and actions taken via your site.
• Individuals should be indemnifying Wear-Con in the event they misuse the site, misuse any content within the site, or violate any laws.
• The limitation of liability does not address a limitation for direct damages. These types of damages should be capped (usually at $100).
• We usually recommend that a more robust dispute resolution clause is added, which includes language that obligates the parties to discuss/negotiate any complaints prior to pursuing litigation. This can bring down litigation costs significantly.
• There should be an “entire agreement” clause which ensures these terms are the only terms that will be applicable to your relationship with the user.
• There should be a “waiver” clause to ensure that in the event you choose not to enforce any aspect of these terms, it does not impact your ability to enforce other or similar provisions in the future.
• There should be a “severability” clause to ensure that in the event any clause in the terms is seen as unenforceable, the rest of the terms will be applicable.
• There should be an “assignment” clause to ensure individuals cannot transfer their rights to other parties.