I'm building a travel site and I'm on a limited budget. I need a detailed TOS and privacy policy since there is a lot of risk when selling travel services. Unfortunately, the lawyer I work with wants a lot of cash to write one up and I don't have the budget for it. I'm tempted to use another Travel site's TOS as a guideline for mine, but would this be wise? I want to make sure there isn't any legal ramifications if there are similar statements. I asked another web designer and they said it's not a big deal because the TOS will not be exactly the same. Any input would be appreciated.
I think you should be alright as well. Most TOS use generic legalese. Make sure you read the one you are thinking of using, and compare it to other TOS' to be safe. If your conscience is getting the best of you, buy one from any legal site online. This site: http://209.204.219.152/free_disclaimer.htm claims to give out free TOS. This site: http://blog.ebusinesslawgroup.com/2008/08/why-shouldnt-you-use-free-terms-of.html gives all the reasons you should steer clear of generic TOS. Let us know what you decide to do.
No, many sites do not use "generic legalese" - many businesses pay attorneys the big bucks to craft a terms of service that is tailored to their business. Copying another site's terms is not only copyright infringement, it could get you into legal trouble because the terms don't accurately apply to your site and your business. Unless the business is identical to yours, and located in the same country and state, it might not work for you at all. There are sites online that provide free generic legal forms - maybe you could use one of those to make a terms of service and your attorney could review it for a reduced fee rather than creating one from scratch.
I agree with Nonny - don't copy as it won't be relevant to you and there may be loopholes that can be exploited if the wording is not specific to the way that you conduct your business or handle the data you are privy to. If you want a generic TOS and Privacy Policy then there are lots of sites on a Google search that provide the basics, but if you are worried then it is a small price to pay to avoid a lawsuit for misuse of data in the long run
Avoid copy pasting the privacy policy or the TOS. It might lead to legal ramifications. A simple privacy policy doesn’t necessarily need lawyers. TRUSTe makes it simple and takes the lawyerese out by providing companies with simple, iconic, and easy-to-read privacy statements that reflect and protect the businesses they serve. TRUSTe’s privacy seal for small businesses makes privacy easy and affordable.