Good morning!

-TCoL

Missed our last feature article? How to Get Out of an LLC Investment

Thanks to growing demand, lithium stock prices grew 2X+ from June 2025 to January 2026. $ALB climbed as high as 227%. $LAC hit 151%. $SQM, 159%.

But the real winner may be a stock not listed on public exchanges, EnergyX.

This $1B unicorn’s patented technology can recover 3X more lithium than traditional methods. That’s earned investment from leaders like General Motors.

Now they’re preparing for commercial production just as experts project 5X demand growth by 2040. They’ve announced what could be one of the US’ largest lithium production facilities and have rights to approximately 150,000 lithium-rich acres across North and South America.

Unlike public stocks, you can buy private EnergyX shares alongside 40,000+ other investors. Invest for $11/share by the 2/26 deadline.

Invest in EnergyX Today

_{This is a paid advertisement for EnergyX Regulation A offering. Please read the offering circular at invest.energyx.com. Under Regulation A, a company may change its share price by up to 20% without requalifying the offering with the Securities and Exchange Commission.}

Most business owners think of their website as marketing. A place for customers to learn about services, place orders, or log into an account. The legal terms of use are often added near the end of the build process and rarely revisited.

That approach works while nothing goes wrong.

The moment a payment dispute arises, content is copied, an account is misused, or a claim is filed, the Website Terms of Service become the controlling document. At that point, the question is not whether you have terms, it is whether they reflect how your business actually operates.

A Website Terms of Service document is first and foremost a contract. It needs to say so clearly.

The opening language should make that plain. For example, stating that the Terms are “a legal agreement” governing access to and use of the Site removes ambiguity. Following that with a direct sentence such as, “By using the Site, you agree to these Terms. If you do not agree, you must not use the Site,” reinforces that this is not a suggestion.

Equally important is how users accept the Terms. If your site uses a button or checkbox that says, “I Agree” or “Accept,” the document should state that clicking that control “constitutes your electronic signature.” It should also confirm that electronic records may be used to document acceptance and are legally binding.

These sentences are not stylistic. In a dispute, enforceability often turns on whether there was clear notice and affirmative assent.

The eligibility and authority provisions are short, but they matter. Requiring users to confirm they are at least eighteen years old, and that they have authority to bind any entity on whose behalf they are acting, closes a common loophole.

If a contract is challenged later, the absence of that representation can complicate matters. Including it signals that you considered who is entering into the agreement.

Websites evolve. Products change. Laws change. The Terms must allow for updates.

A practical approach is to state that updates will be posted with a revised “Last Updated” and “Effective Date,” and that changes apply on a going forward basis. Adding that updated Terms “will not retroactively change rights relating to prior disputes” strikes the right balance between flexibility and fairness.

The section describing the Site should not be generic. If you provide e commerce purchasing, subscription access, a customer portal, or informational content, say so.

It is also prudent to clarify that, unless stated in a separate written agreement, the Site and services are provided without any service level commitment or uptime guarantee. Many businesses assume that an implied promise of availability does not exist. Courts do not always share that assumption.

If you publish content that could be mistaken for individualized advice, a short clarification that the content is for general informational purposes and “does not constitute legal, tax, accounting, medical, or other professional advice” can reduce misunderstandings.

Most websites are governed by more than one document. A Privacy Policy, checkout terms, subscription disclosures, and possibly separate service agreements may all apply.

A clear statement that these additional terms are incorporated by reference, and that more specific terms control in the event of conflict, reduces friction later. If you enter into a separate signed agreement with a customer, that agreement should control to the extent of any inconsistency.

These rules prevent minor drafting differences from becoming major arguments.

The Acceptable Use section should prohibit unlawful activity, infringement of intellectual property or privacy rights, interference with security measures, and unauthorized automated access. It should also make clear that you may investigate suspected violations and take appropriate action.

These provisions give you contractual authority to remove content, suspend access, or cooperate with law enforcement when necessary. They also demonstrate that you defined the rules in advance.

The intellectual property section should reinforce that the Site and its content are owned by the Company or its licensors, and that users receive only a “limited, non-exclusive, non-transferable, revocable license” to access and use the Site for lawful purposes. That distinction between ownership and license is fundamental.

If your site allows users to submit content, the agreement should grant the Company a license to “host, store, reproduce, modify for formatting and display, distribute, and otherwise use” that content as reasonably necessary to operate the Site. Without this license, you may lack the contractual right to display user submissions.

For businesses that sell products or subscriptions, clarity in payment terms is essential. The agreement should confirm billing authorization, responsibility for taxes, and the consequences of failed payments.

If you offer subscriptions, state clearly that subscriptions renew automatically unless cancelled, and that cancellation methods will be at least as easy as the method used to enroll. Transparency in renewal practices is both good business and, in many states, required.

No Terms of Service document can eliminate all risk. They allocate it.

The disclaimers should state that the Site and all content, products, and services are provided “as is” and “as available,” and disclaim implied warranties to the maximum extent permitted by law.

The limitation of liability should cap total aggregate liability to a defined amount, such as “the greater of one hundred dollars or the amounts you paid for the products or services at issue during the three months before the event giving rise to the claim.” It should also exclude indirect and consequential damages to the extent permitted by law.

These provisions narrow exposure. They do not eliminate accountability for conduct that cannot legally be disclaimed. They simply define the boundaries.

The indemnification clause, requiring users to defend and indemnify the your company for claims arising from their use of the Site or their content, is particularly important where user behavior can create third party liability.

Selecting governing law and venue is a practical step. Without it, you may be forced to litigate in distant jurisdictions. A clear statement that disputes will be governed by the laws of a specified state, and brought exclusively in designated courts, creates predictability.

Whether to include arbitration or a class action waiver depends on your business model, insurance requirements, and risk tolerance. It is not a universal decision.

A Website Terms of Service agreement is not marketing copy. It is infrastructure.

If your website collects information, processes payments, allows accounts, or publishes content, the document governing that activity should reflect those realities. It should be written clearly, implemented with conspicuous notice and affirmative assent, and reviewed periodically as your business evolves.

When drafted carefully, the Terms rarely draw attention. When needed, they provide structure and clarity at the moment it matters.

Is it time to update or create your Website Terms of Use agreement? If so, consider subscribing to Premium for $7.95 per month or $85.85 per year. Premium subscribers receive not only the Website Terms of Use template but also access to our growing Template Library containing more than 25 professionally prepared templates designed for small and midsize businesses.

Have an interesting business question and need a free bit of advice? Send your question to [email protected]. No confidential info, please!