We surveyed browsewrap agreements across 1,000 top websites. Here's what we found out.

By Kyle Robbins on Jun 29, 2015 7:09:42 AM

If you've followed our blog at all, you already know that using a browsewrap agreement to bind consumers to terms on your website isn't the best practice for organizations looking to keep legal risk away. But we often receive the question -- well, isn't everyone else doing it? Sure, we knew there were some sites or companies that weren't overly concerned with protecting legal risk and were much more concerned with the "user experience" or the "aesthetic value" of the page. (We'll put those in quotation marks -- because it's plenty easy to preserve both while providing the user more-than-adequate notice.)

Continue Reading

Clickwraps That Don't Suck (Edition 1)

By Brian Powers on Jun 26, 2015 12:29:00 PM


We write a ton on this blog about clickwrap best practices, but we rarely highlight the awesomely-most-likely-enforceable clickwraps we see. Starting today, we'll periodically be giving some love to websites that are doing it right!

Topics: Clickwraps
Continue Reading

Know your privacy rights for Facebook or Google with this add-on

By Eric Prugh on Jun 25, 2015 9:07:07 PM

As someone who's grown up living and breathing technology, there are very few pieces of personal data I put out on the internet that I care about keeping to myself. I've embraced the oversharing — but there are quite a few things that Facebook, Google, Instagram, and Twitter know about me that still make me a bit anxious were they to get out there publicly or fall into the wrong hands.

Continue Reading

Best Practices for Clickwrap Agreements

By Brian Powers on Jun 23, 2015 8:41:43 AM

If your website employs a Clickwrap agreement, there are a number of practices you should follow to make sure that agreement is enforceable should you ever need to enforce it. Your clickwrap agreement is there for a reason - and is likely intended to provide all sorts of legal protections for your website / business (disclaimers, limitations on liability, binding arbitration…lots of stuff…talk 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:

Continue Reading

Want to lose a lawsuit because of your browsewrap or clickwrap agreement? Here's how to do it.

By Kyle Robbins on Jun 22, 2015 9:14:25 AM

Your company spends hours, maybe even days or weeks, perfecting the terms of use and other legal terms listed on your website. They're written with peace-of-mind in mind, designed to protect you from the worst-case scenario when you're served with a lawsuit from an angry consumer or partner. And in most cases, those provisions written into your terms designed to protect you would normally hold up when written into a paper contract.

Continue Reading

Did Apple try to pull a terms-of-service 'fast one' with new iOS news app?

By Kyle Robbins on Jun 19, 2015 7:13:23 AM

iOS 9 will feature the new Apple News app, but will it lead to lawsuits from publishers?
Continue Reading

The Definitive Guide to Website Legal Agreements - A Recap

By Brian Powers on Jun 18, 2015 6:29:36 AM


Continue Reading

Social Media Privacy Policies exposed: Who owns your soul?

By Eric Prugh on Jun 11, 2015 6:20:32 AM

An amazing report from Pew Research Center was recently released that cut to the core of some of the real privacy concerns of consumers today. One of the amazing stats revealed that "69% of adults say they are not confident that records of their activity maintained by the social media sites they use will remain private and secure." We decided to dive into the privacy policies of some social media sites like Facebook, Twitter, Pinterest, and Instagram. What we found might surprise you. It also might not if you're in the 69% who are skeptical of social media privacy in general.

Topics: Infographic
Continue Reading

PureTick reduces online disputes with PactSafe

By Eric Prugh on Jun 9, 2015 12:29:10 PM

When your customers are signing up for your service online, it's imperative that they understand what they're agreeing to or it may lead to financial disputes, disputes over the terms & conditions, or otherwise. Alex Wasilewski at PureTick found this all too difficult when getting disputes from a bank or from customers claiming to have never seen PureTick's Terms of Use. But let's learn a little bit about his business and why he needed a solution to help handle some of these disputes with customers.

Continue Reading

What companies can learn from PayPal's Terms of Service blunder

By Kyle Robbins on Jun 8, 2015 7:11:58 AM

Don’t get caught trying to pull a “fast one” on your users or customers.

Continue Reading

Recent Posts