The Definitive Guide to Website Legal Agreements - A Recap

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


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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.

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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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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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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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What is a website "Terms of Use"?

By Brian Powers on Apr 19, 2015 4:48:21 PM

What is a website“Terms of Use”?

Terms of Use are legal terms to which a website user must agree prior to the use of the service provided by a website. Such agreement is used to define the rights of the user and the website owner, protect the interest of the website owner, limit the parties’ legal obligations and indemnify the website owner. Suffice it to say, a good website terms of use acts as the website owner’s insurance against lawsuits.

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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 in order to add new provisions or adapt to new laws. 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 considered unenforceable in the event of a lawsuit.  In the case of Rodman v. Safeway Inc. this resulted in a 42 million dollar judgement against Safeway...ouch.  Read along to understand what happened to Safeway and how you can prevent this same thing from happening to your business.

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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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WeR1 v Cyberlink: Version control is crucial for contract management

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 versioning in order to increase defensibility of website legal agreements.

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Moretti v. Hertz: Why proof of clickwrap acceptance is crucial

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

While clickwrap agreements have been widely held to be enforceable by many courts, a new burden of proof has emerged requiring companies to provide proof of acceptance.

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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