Tips and Best Practices for Browsewrap Website Legal Agreements

By Brian Powers on May 26, 2015 10:25:12 AM

If your website employs a browsewrap website legal agreement, there are a number of practices you should follow to make sure that agreement is enforceable should you ever need to enforce it. Typically, browsewrap website legal agreements are intended to provide all sorts of legal protections for your website / business (disclaimers, limitations on liability, binding arbitration...lots of to your lawyer!) - but if its not enforceable then it does you no good at all. Below are some of the best practices we have found based on scouring millions (well maybe not millions) of pages of case law on the subject.

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Restricted Stock Unit Agreement In a Clickwrap Upheld

By Brian Powers on May 19, 2015 10:32:53 AM

Most people think of "clickwraps" as being associated with digital legal agreements such as "terms of use", "terms of service" and "privacy policies." Makes sense, the clickwrap came about as method for businesses to enforce just those types of agreements. But that is not all a clickwrap can be used for. A properly designed and tracked clickwrap agreement could be used for almost any kind of contract - not just the traditional digital legal agreements that are ubiquitous with internet use.

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Are Your Website Terms of Service Enforceable?

By Brian Powers on May 14, 2015 5:00:13 AM

When a user visits a website or uses the services provided by a website, that visit or use if typically governed by a set of website legal agreements, one of which is commonly referred to as a “Terms of Service.” Since these agreements defy the conventional manner in which contracts presented and accepted, the enforceability of these contracts is often misunderstood and challenged in courts.

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The PactSafe World Headquarters is open!

By Eric Prugh on May 12, 2015 12:01:16 PM

It's been a long, crazy ride over the last 3 months since we launched, but needless to say we are incredibly excited about the vision of the Digital Legal Engine and where our software is going. We've grown our incredible team to 4 people with the experience in law, sales, product, and engineering to scale our business to the next level.

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PactSafe Software Enables Fenner’s Law Firm to Provide Legal Services Online

By Brian Powers on May 5, 2015 4:40:42 AM


Technology Allows Lawyers to Manage Digital Legal Agreements Securely and Effectively

INDIANAPOLIS and CHARLOTTE, NC – May 5, 2015 – Indianapolis-based software company PactSafe, Inc. ( announced today that Charlotte-based Fenner’s Law is using PactSafe™ technology to establish digital legal agreements with its clients. For Fenner’s Law, the key to delivering legal services online was the ability to obtain a valid online retainer agreement that had been read before their clients clicked their assent. This capability enables Fenner’s to successfully offer its legal services online and become competitive with other online service providers.

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(Part 2: Record Keeping) 3 Website “Terms of Service” Design No-No’s for Developers

By Eric Prugh on May 1, 2015 6:41:45 AM

This blog post is the second in a three-part series designed for developers on design of your website terms of service, terms of use, and terms & conditions. See part 1 here.

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