Collection of documents that startups commonly need: Privacy Policy, NDA, etc... • Hacker News Board

Re: Collection of documents that startups commonly need: Privacy Policy, NDA, etc...

#21

Post by chc » Thu, Apr 14, 2011, 4:55 PM UTC

yummyfajitas wrote: post #11

duck wrote: post #2

I like the idea, but I just don't see startups needing or using an email disclaimer. Plus they are pretty much worthless legal wise - http://www.economist.com/node/18529895 .

This isn't true. Email disclaimers can't unilaterally create a contract between the sender and receiver. This doesn't mean they are legally worthless. Two legally useful email disclaimers: "this is not legal advice" and "this is not an offer to buy or sell securities". These are both legally binding, because they merely remove potential ambiguity from an email and explicitly state the absence of a contract. Without t…

Really? If the email actually looks like an offer to buy or sell securities, I would imagine the disclaimer could be viewed as either mindless boilerplate with no genuine intent behind it or subterfuge.

Like, I wouldn't imagine you could send an email along the lines of, "Hey, I'm looking to buy some securities. You in, bro? DISCLAIMER: This is not an offer to buy or sell securities."

Re: Collection of documents that startups commonly need: Privacy Policy, NDA, etc...

#22

Post by ojilles » Thu, Apr 14, 2011, 4:57 PM UTC

scott_s wrote: post #17

jamiecurle wrote: post #9

The privacy policy states PearWords does not... Place "cookies" (small text files) on your system for any reason. I would beg to differ, it may be Google Analytics dropping the cookies on pearwords' behalf, but they're still there. ( http://d.pr/D3oy )

Go ahead and use full URLs. HN will shorten its display if it's too long, and we prefer to see where we're going.

I guess this is a bit of special case as the service this person is using only has these short URLs :-)

Re: Collection of documents that startups commonly need: Privacy Policy, NDA, etc...

#23

Post by jonnathanson » Thu, Apr 14, 2011, 5:39 PM UTC

chc wrote: post #21

yummyfajitas wrote: post #11

Earlier quoted context omitted.

This isn't true. Email disclaimers can't unilaterally create a contract between the sender and receiver. This doesn't mean they are legally worthless. Two legally useful email disclaimers: "this is not legal advice" and "this is not an offer to buy or sell securities". These are both legally binding, because they merely remove potential ambiguity from an email and explicitly state the absence of a contract. Without t…

Really? If the email actually looks like an offer to buy or sell securities, I would imagine the disclaimer could be viewed as either mindless boilerplate with no genuine intent behind it or subterfuge. Like, I wouldn't imagine you could send an email along the lines of, "Hey, I'm looking to buy some securities. You in, bro? DISCLAIMER: This is not an offer to buy or sell securities."

Everything gets tested at the extremes, but for the most part, email disclaimers are there as minor CYA measures for the sender of the email. Lawyers use them all the time, for instance, so that nobody misinterprets their daily chatter or off-the-cuff advice as constituting an official attorney-client relationship with the recipient.

Obviously you can't hide behind an email disclaimer to C your A if your A is blatantly violating the letter or spirit of the disclaimer.

Re: Collection of documents that startups commonly need: Privacy Policy, NDA, etc...

#24

Post by yummyfajitas » Thu, Apr 14, 2011, 6:22 PM UTC

chc wrote: post #21

yummyfajitas wrote: post #11

Earlier quoted context omitted.

This isn't true. Email disclaimers can't unilaterally create a contract between the sender and receiver. This doesn't mean they are legally worthless. Two legally useful email disclaimers: "this is not legal advice" and "this is not an offer to buy or sell securities". These are both legally binding, because they merely remove potential ambiguity from an email and explicitly state the absence of a contract. Without t…

Really? If the email actually looks like an offer to buy or sell securities, I would imagine the disclaimer could be viewed as either mindless boilerplate with no genuine intent behind it or subterfuge. Like, I wouldn't imagine you could send an email along the lines of, "Hey, I'm looking to buy some securities. You in, bro? DISCLAIMER: This is not an offer to buy or sell securities."

Your specific example doesn't read to me like subterfuge at all. It looks to me like an informal discussion which may lead to a purchase of securities. After you say "yes" via email, we will probably construct an actual contract specifying details.

The disclaimer makes certain that both you and I realize this isn't an offer, just a conversation.

You might get into trouble if you routinely engaged in securities transactions via email with such a disclaimer. But if you handle all actual trades with a legalistic form containing no disclaimer, and informal conversations in email with a disclaimer, the disclaimer is likely to hold up in court.

Re: Collection of documents that startups commonly need: Privacy Policy, NDA, etc...

#25

Post by jamiecurle » Thu, Apr 14, 2011, 8:19 PM UTC

ojilles wrote: post #22

scott_s wrote: post #17

Earlier quoted context omitted.

Go ahead and use full URLs. HN will shorten its display if it's too long, and we prefer to see where we're going.

I guess this is a bit of special case as the service this person is using only has these short URLs :-)

Yes, I should have explicitly stated it was linking to a screenshot on droplr.

Apologies.

Re: Collection of documents that startups commonly need: Privacy Policy, NDA, etc...

#26

Post by jacques_chester » Thu, Apr 14, 2011, 10:32 PM UTC

chc wrote: post #21

yummyfajitas wrote: post #11

Earlier quoted context omitted.

This isn't true. Email disclaimers can't unilaterally create a contract between the sender and receiver. This doesn't mean they are legally worthless. Two legally useful email disclaimers: "this is not legal advice" and "this is not an offer to buy or sell securities". These are both legally binding, because they merely remove potential ambiguity from an email and explicitly state the absence of a contract. Without t…

Really? If the email actually looks like an offer to buy or sell securities, I would imagine the disclaimer could be viewed as either mindless boilerplate with no genuine intent behind it or subterfuge. Like, I wouldn't imagine you could send an email along the lines of, "Hey, I'm looking to buy some securities. You in, bro? DISCLAIMER: This is not an offer to buy or sell securities."

> Like, I wouldn't imagine you could send an email along the lines of, "Hey, I'm looking to buy some securities. You in, bro? DISCLAIMER: This is not an offer to buy or sell securities."

With the disclaimer, I expect this would be read as an "offer to treat". Not a contract offer, but rather, an invitation to negotiate one.

Coupons printed in the newspaper are also mere offers to treat, which is why they can be dishonoured.

Of course, I am not a lawyer, and this is not legal advice.

Re: Collection of documents that startups commonly need: Privacy Policy, NDA, etc...

#27

Post by x03 » Fri, Apr 15, 2011, 1:22 AM UTC

arnorhs wrote: post #19

blhack wrote: post #18

This is excellent, thank you to whoever is putting it together.

I second that. On a side note - It's very strange that there's no email address, no name of the person/persons behind this, no twitter account etc. Just the contact form. I mean, I'd like to follow whoever did this on twitter.

Thanks! :)

I'm working on getting us a "Team" page to showcase all our talent with pictures, Twitter links, etc...