To avoid class actions, start treating your website legal terms like real contracts.

By Brian Powers on Jul 14, 2016 1:33:50 PM

Your online business is humming along, people are signing-up and buying stuff online, all while you assume that the business is protected by the legal terms and conditions that you are (ideally) presenting via some clickwrap agreement.  Then POOF you get sued -- and not just any lawsuit -- but a dreaded class action lawsuit! You think "no problem, our terms and conditions have a class action waiver that requires arbitration."

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New court ruling reaffirms that clickwraps can serve multiple purposes

By Kyle Robbins on Nov 12, 2015 9:30:00 AM

It's more than just terms of service and privacy policies. This article not only details the latest case involving terms of service and clickwrap agreements, but provides examples of how clickwrap agreements continue to work wonders for business legal. 

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Don't Get Sued: 3 Cases in Website Privacy You Can Learn From

By Amber Ferrari on Jul 30, 2015 11:27:00 AM

Companies who disclose their app or website privacy policy to customers through understandable terms are typically happy campers for two reasons: 1. Their customers are happy! 2. They aren’t getting sued. We’re going to cover 3 recent cases where 3 companies have either faced an adverse legal decision or some seriously bad press.

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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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Poor Clickwrap Design Can Kill Your Website Terms of Use

By Brian Powers on Apr 28, 2015 5:00:11 AM

Another day, and another case where the design of a clickwrap agreement renders a business's terms of use unenforceable.

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Be careful changing your website legal terms

By Brian Powers on Mar 25, 2015 1:29:22 PM

Website legal agreements, such as Term of Use or Terms of Service, typically need to be revised and updated from time to time. Often times, a website operator will simply publish a change to those terms without thinking through the update process. This can lead to disaster - i.e. - to the updated terms being unenforceable. Not good.

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Not All Clickwrap Agreements Are Created Equal

By Brian Powers on Feb 18, 2015 4:52:36 PM

Think click wrap agreements are enforceable by just slapping some legal terms into a form? Think again!

We've covered clickwrap best practices on this blog before, and covered lots of cases where good clickwrap agreements have been found enforceable. A recent decision published in Illinois Federal Court illustrates just how tricky it can be to create a clickwrap agreement that will hold up in court (and if it doesn't hold up in court - what good is it?)

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You Really Need to Track Your Website Legal Agreements.

By Brian Powers on Jan 26, 2015 3:24:38 PM

A recent case in Wisconsin Federal Court illustrates perfectly the importance of properly tracking and managing website legal agreements.

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Clickwrap Agreements - More than Just Checking a Box!

By Brian Powers on Jan 2, 2015 8:08:58 PM

Clickwrap agreements have been widely held to be enforceable by many courts. Generally, a clickwrap agreement has website users click a box that states “I Accept” when agreeing to a website’s terms and conditions. In the present case, Moretti v. Hertz, the Plaintiff reserved a Hertz rental car from a Hotwire website. Before completing the reservation on Hotwire, Plaintiff was required to accept Hotwire’s Terms of Use. Plaintiff claimed that he was quoted one price and was later charged nearly double the quoted price after returning the vehicle to Hertz. Plaintiff filed suit in California, but Hertz wanted to enforce a forum-selection clause to transfer the case to Delaware. The primary issues for the court to determine include whether the Plaintiff agreed to a forum-selection clause in the clickwrap agreement and if Hotwire has met its burden of proof that Plaintiff agreed to the forum-selection clause contained in the Terms of Use.

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Don't Bury Links to Your Browsewrap if You Want Them to Be Enforceable.

By Brian Powers on Sep 24, 2014 10:39:37 AM

Once again, a court has held ruled that burying the link to a browsewrap agreement (in this case Terms and Conditions) in the footer of a website is an excellent way to render that browsewrap agreement meaningless and unenforceable. The ruling comes from the United States District Court, Eastern District of California. The website in questions is, a website for job-seekers and employers., as part of its case, tries to enforce the browsewrap Terms and Conditions to assert a breach of contract claim.

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