The Definitive Guide to Website Legal Agreements - A Recap

Jun 18, 2015 6:29:36 AM

 

The Definitive Guide To Website Legal Agreements for Tech Lawyers

We recently launched an ebook titled "The Definitive Guide to Website Legal Agreements for Tech Lawyers." Its been already been downloaded by hundreds of tech lawyers, as well plenty of developers and designers who are often tasked with creating clickwrap forms. We've received lots of great feedback and comments, as well as picking up some new PactSafe customers. If you are doing business online, you really should download and read it - your business will be better off once you do!

What's it about?

The Definitive Guide is a comprehensive overview of the issues business are faced when they attempt to implement enforceable legal agreements on their websites. In the ebook, we break down recent court decisions that highlight what works and what has NOT worked in terms of enforceability. We also list out best practices to help ensure your website legal agreements are enforecable and provide the protection to your business for which they are intended.

What topics are covered?

We covered a myraid of topics related to website legal agreements, including:

  • Enforceability of website clickwrap agreements
  • Enforceability of browsewrap agreements
  • How to make modifications to website legal
  • How unconsionability effects website legal
  • Record keeping issues with website legal
  • Best practices for enforceable clickwrap agreements
  • Best practices for enforceable browsewrap agreements
  • Best practices for modifying website legal agreements
  • Best practices for avoiding procedural unconscionability
  • Managing and tracking website legal agreements

How about a few excerpts?

Sure!

The big takeaway here is that presentation / delivery of a clickwrap agreement can be trickier than you think. Reasonable notice of the terms is not enough – there also must be reasonable notice that clicking a button, checking a box, or whatever method is used – constitutes acceptance of the agreement.

Modifications of website legal agreements present some complications to that maxim, both in the context of browsewrap and clickwrap agreements. A common practice is to specify in a website legal agreement that the website owner may modify the agreement at any time, and that continued use of the site constitutes a user’s acceptance of any modifications to the agreement. Courts have not regularly visited this issue, but when they have, it is clear that putting the burden of constantly checking the terms on the website user is not the best course:

In the paper world, keeping copies of legal agreements is usually straight forward – you put them in a drawer of scan in a copy. In the world of website legal agreements, its not always so straightforward.

Want to see more?

Of course you do - download the ebook by clicking the link below!

 

Brian Powers

Written by Brian Powers

PactSafe CEO & Founder