supersmallbiz
Member
I think this this applies to all states.
I'm trying to get a handle on the importance on having a governing law and jurisdiction clause in a website TOS, Privacy Policy and/or Disclaimer. I've been looking at a lot of them and some have a governing law clause and others do not. I think I have a handle on what it means. It specifies which laws and courts will be used in a dispute. I've also researched what it means not to have one. Jurisdiction falls into where the parties are. The way that courts work in the US, it's hard to sue someone living in Wyoming in a Florida court. So without a governing law and jurisdiction clause, doesn't it default to the laws and courts of the party being sued anyways? So having a governing law clauses would really only be useful if for some reason someone living in Wyoming wants to use the laws and courts of Nebraska. I do realize they have to have some reason to use those courts. They just can't pick Nebraska at random. They have to have some tie into the state of Nebraska even if they aren't located there. Like they do a lot of business there or they have warehouses there.
I know nothing about the law. Is this about right overall? Without a clause it defaults to the location and laws of the party being sued. A clause allows that default to be overriden.
I'm trying to get a handle on the importance on having a governing law and jurisdiction clause in a website TOS, Privacy Policy and/or Disclaimer. I've been looking at a lot of them and some have a governing law clause and others do not. I think I have a handle on what it means. It specifies which laws and courts will be used in a dispute. I've also researched what it means not to have one. Jurisdiction falls into where the parties are. The way that courts work in the US, it's hard to sue someone living in Wyoming in a Florida court. So without a governing law and jurisdiction clause, doesn't it default to the laws and courts of the party being sued anyways? So having a governing law clauses would really only be useful if for some reason someone living in Wyoming wants to use the laws and courts of Nebraska. I do realize they have to have some reason to use those courts. They just can't pick Nebraska at random. They have to have some tie into the state of Nebraska even if they aren't located there. Like they do a lot of business there or they have warehouses there.
I know nothing about the law. Is this about right overall? Without a clause it defaults to the location and laws of the party being sued. A clause allows that default to be overriden.