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Internet start up needs advice

Los Angeles, CA |

I am looking to set up an orthodontic blog. I would be providing sample advertising ads for the orthodontists to chose from.The ads that I have created say something like "Smile with confidence" or "your new smile awaits" what is my legal liability if I have a terms of use and disclaimer on my website? Thanks for your advice.

Attorney Answers 5


  1. If the copy and related pictures and the like are your creations, then you may have few intellectual property issues. If they are the property of another party you will have to get a license to use such materials.

    As to your "legal liability" for having terms and disclaimers, I have no idea what you mean. You will need terms of use, privacy policies, and the like and those are meant to set the terms for certain matters.

    If you want advice, hire a business attorney. This is not something you should be doing without at least some legal counsel.

    This answer is for informational purposes only and is not legal advice regarding your question and does not establish an attorney-client relationship.


  2. You will want to consult with an attorney to set up a business entity, ask about insurance, and draft your terms of use, including any disclaimer. If you want to protect your IP, discuss that at well. And, your attorney can draft the contract for your advertisers.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.


  3. Would I be correct to understand that you already have the business model and business plan? As you might imagine, you will need a sound financial and legal foundation to properly launch your business...I may even suggest that you cohntact the California Business Development Center, which has many free and low cost business development programs.

    By Grace...
    Shawn Jackson ESQ. (707) 584-4529
    Business Development Attorney EMAIL: Attorneys@CaliforniaBusinessDevelopment.com
    www.CaliforniaBusinessDevelopmentAttorneys.com
    www.CaliforniaBusinessDevelopmentCenter.com
    www.CaliforniaBusinessDevelopmentPlans.com
    www.CaliforniaBusinessDevelopmentIncubator.com

    No communication resulting herein shall create an attorney-client relationship unless a separate retainer agreement is signed by attorney and client. The information provided neither is legal advice nor is it conveyed in the course of an attorney-client relationship, but is intended merely as a general overview with regard to the subject matter covered. You should not act upon this information without seeking professional counsel such as any attorney in this office in a subsequent email communication (agreement) and the formation of an attorney client relationship.


  4. I take it that you own a website on which you will publish information [a "blog"] about dentistry and, on that website, dentists can advertise their services by buying advertisements that you create. You want to know your "legal liability" for ... something or other [perhaps (1) publishing the information, (2) potentially using someone else's trademark in the advertisements you create, (3) selling the advertisements themselves, (4) "falsely endorsing" the dentists, (5) false advertising, (6) etc., etc.].

    How on earth can anyone evaluate those issues without seeing the content of the advertisements and without knowing the terms and conditions of the contract between you and your website visitors and the terms and conditions of the contract between you and the advertising dentists?

    Setting up a business improperly is much, much worse than not trying to set one up at all. Opening a business on a shoe string budget, or no budget, sounds dashing and daring and invigorating but for 90% of those who try it is none of those things - it is financially and legally disastrous. You need to read half a dozen books on how to start and run a web based business [ http://goo.gl/Sy8ag ] and then you need to hire your own business attorney licensed to practice in your state. That attorney will be the quarterback of your legal team -- and will throw some of your work to an intellectual property colleague, and internet law expert, a First Amendment guru, etc. etc. as needed.

    The above is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.


  5. I'm not surte why you keep posting these questions here, because from what I can tell, you don't really pay much attention to the responses and just keep plugging away with this dental ad site with fake ratings etc. Now it's fake ads.

    Look. No one here is providing legal advice, although many of us have tried, repeatedly, to convey the idea that you need your own lawyer. This is a site for general Qs&As, but you're clearly trying to use it as a substitute for hiring your own counsel. Your site is a lawsuit (or several) waiting to happen.

    Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.