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Managing Your Website Legal Agreements - Stop Bugging Your Developers!

By Brian Powers on Aug 20, 2014 10:59:58 AM

Whether you are website operator, a SaaS business, of just your everyday Internet consumer, you know that from time to time those pesky legal agreements that show up on websites (like Terms of Service, Terms of Use, Privacy Policies...etc) change from time to time. Internet businesses also add products, add new domain names, acquire new websites - each of those instances (and more) can give rise to the creation and deployment of even more website legal agreements.

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Inconspicuous Browsewrap Agreement Still Not Binding, but Clickwrap Agreement Upheld

By Brian Powers on Aug 6, 2014 8:45:16 PM

There has been little guidance since the Zappo’s opinion back in 2012 regarding the validity of browsewrap and clickwrap agreements and the elements necessary for these agreements to be upheld. Just recently, however, the Northern District of California decided a class action case between the plaintiffs (Tompkins) and the defendants being a personal genetics company, 23andMe, who filed a motion to compel arbitration. The court held that the customers must go through arbitration because 23andMe’s clickwrap agreement containing the terms of service (which included an arbitration provision) was accepted when the customers created accounts or registered their DNA kits with 23andMe. Additionally, the court found that 23andMe‘s browsewrap terms of service agreement did not bind website visitors or customers who only purchased a DNA kit without creating an account or registering a kit.

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