I am starting a health research company and really want to protect
myself legally.  For now I'm a DBA but I'll become an "S" company
shortly.  I have a disclaimer and a BBB arbitration agreement on my
site that must both be clicked as "accept" by clients before they  can
submit the order.  In the event of a lawsuit how would I be able to
prove that they had accepted these requirements? There would be no
signature or hard copy of their OK-would I be on shakey ground if they
denied having approved those? Is there some way to get proof that they
OKayed the disclaimer and arbitration agreement in a way that would be
legally binding?

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Clarification of Question by baruchhashem-ga on 22 Aug 2004 00:28 PDT

My business is located in Los Alamitos, California (located in Orange
county which is southern California) and the customers who will use my
my website will be from all over the US and possibly eventually,
world-wide.

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Clarification of Question by baruchhashem-ga on 22 Aug 2004 00:44 PDT

Thank you to the person who sent me the comments.  I just read the
website and it looks like since I'm in the US, I can do business
anywhere in the world with customers who just click on "I accept". 
That is really wonderful and thanks for heading me to that info.

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Clarification of Question by baruchhashem-ga on 22 Aug 2004 00:50 PDT

I just thought of a problem: How could I prove that the client clicked
the "I agree" button?  Would I have to go to court and show how my
website is set up?  That would bring me back to spending time in court
which is what I'd be trying to avoid by having the arbitration
agreement!
Thanks

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Clarification of Question by baruchhashem-ga on 22 Aug 2004 19:01 PDT

Thanks to both of you for your helpful comments.  I feel better about
the system now.  I don't understand how you know so much about law
unless you are in the legal field and if that is the case, your
generosity in giving such helpful free advice to a total stranger is
really overwhelming.
Thanks again.

Laws on e-contracts vary from place to place. Without knowing where
you live, it will be difficult to provide much information.

If your business is operating in the United States, you may find this
to be of interest:

http://www.nolo.com/lawcenter/ency/article.cfm/ObjectID/029C847E-2EFC-4913-B6DDC5849ABE81F9/catID/806B7BA0-4CDF-4221-9230A3135E2DF07A

Here's some info regarding the enforceability of online contracts: 

http://www.wiggin.com/pubs/advisories_template.asp?ID=15222822000

http://www.legalline.ca/cyber/347.html

My guess is there is no way to completely illiminate the possibility
of harrassment by (boo-hiss) lawyers weather in brick and morter
business or on line. What you have done seems prudent. Doing more is
likely a waste of money and may cause some customers to click on "no I
do not accept". Those who try too hard to avoid risk rarely succeed. 
Neil