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What’s a terms & conditions agreement?

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Terms and conditions agreements are common in various applications, including renting a DVD or purchasing a warranty. Websites like wiseGEEK also have rules of use, including copyright laws and disclaimers of liability. It’s important to read these agreements to avoid unwanted spam or legal issues. They are also used to protect site owners or sellers from prosecution. The binding nature of these agreements is unclear, but they are generally enough to protect against lawsuits.

Terms and conditions agreements are used on a regular basis in many different applications. For example, renting a DVD evokes such an agreement that you do not copy the DVD or use it for anything other than personal entertainment. If you purchase warranty with a new car, you often sign an agreement detailing which repairs are or are not covered under warranty. Signing the terms and conditions agreement implies understanding of the scope and limits of the warranty.

More frequently you see terms and conditions applied to the use of websites, for example wiseGEEK. When using wiseGEEK, the rules of use are clearly outlined on the wiseGEEK web page. A user essentially agrees to them before using the site.

These terms and conditions include a statement that the wiseGEEK material exists under copyright law. WiseGEEK also disclaims any liability on the part of people using the site to govern their own actions. So, for example, answers to medical questions or answers about financial matters should not be taken as advice or substituted for professional advice. Furthermore, wiseGEEK disclaims any responsibility for the advertisements present on the wiseGEEK pages, called third party liability.

When browsing the Internet, it’s a good idea to read the terms and conditions of use before using different sites. Occasionally, an agreement will bury text about disclosing your name or email to other sites, which can result in a lot of spam emails or even telemarketing calls and snail mail spam.

Also, sometimes terms and conditions are important to keep a site going so as not to expose the site owners to liability. For example, some gaming sites use these deals to protect younger players from unwanted attention. People who use foul language on a gaming site could, under the guidelines, be barred from further use.

Terms and conditions agreements are not limited to Internet use. In fact, virtually every appliance you buy will come with such deals. Sometimes they are printed on till receipts. Most often they are used to protect the seller from prosecution if the person uses the appliance in an unexpected way.
It is unclear how binding these agreements actually are. Unless you actually check a box or sign an agreement, it’s hard to know how well you actually protect someone legally. In most cases, however, the statement is enough to protect a website owner or seller of a product or warranty from costly lawsuits.

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