On June 10, 2019, a federal court in Washington dismissed Church v. EXPEDIA INC., a class action lawsuit against Expedia, Hotels.com and other travel sites.
If your terms were to be enforced and your clients were to take you to court, could your terms hold up? Do you even know what you need to bring to court? Even more, what types of evidence are more likely to be successful in enforcing your online agreement in court?
Sooner or later, you will be sued. As it is inevitable, the question of "when" is less important than whether or not you are prepared for your terms to be enforced. Are you certain that your online legal agreements--clickwrap, sign-in-wrap, and browsewrap--can hold up in court? In our 3-post series, we will detail the three common types of online agreements, case law examples, and the factors that influence their enforceability in court. This post (number two of three articles) is dedicated to sign-in-wrap agreements. (Read the first post on clickwrap agreements here.)
Sooner or later, you will be sued. Because it is inevitable, the question of "when" is less important than whether or not you are prepared for your terms to be enforced. Are you certain that your online legal agreements--clickwrap, sign-in-wrap, and browsewrap--can hold up in court? In our 3-post series, we will detail the three common types of online agreements, case law examples, and the factors that influence their enforceability in court. Our first post is dedicated to clickwrap agreements.
Increasingly, B2B and B2C companies are moving their businesses online in order to take advantage of the speed, convenience, and popularity of the internet. And as contracts govern the relationship between the website owner and the user, the contracts also need to be hosted and accepted online. As a result, these companies often utilize clickthrough agreements to capture user acceptance of the contract terms. However, clickthrough litigation has increased 626% since 2002. As the volume of clickthrough-related cases increases, the more important it becomes for businesses to know more about the types of online agreements, how they are formed, and what gives you the best chance of defending them in court.
The role of the product team inside your company is both strategic and tactical. Not only can this team own the blueprint for products and services, but they also do the research and all necessary prep work for the build. As the development team works on a software product, the product team manages the roadmap, implements the marketing plan, and figures out ways to improve through looking at production adoption and use and natural innovation.
We constantly sing the praises of clickthrough (clickwrap) agreements for their ease of use and enforceability, but not all agreements are created equal. There are some best practices you need to use to create truly enforceable clickwrap agreements—here they are boiled down to five key considerations.
Online marketplaces are booming. $1.5 trillion was spent globally in the top 75 online marketplaces in 2017 alone. Their rapidly expanding reach has also brought legal considerations to the forefront that must be given prompt attention. In this post, we'll explore 5 of the risks online marketplaces face and how to address them.
The sales team is one of the most visible extensions of your company and stands at the forefront of its initiatives to increase revenue and remain competitive. The sales team is responsible for optimizing the sales pipeline and converting leads into customers—a process which often includes long, interminable delays and periods of inactivity. Contracting can actually slow down your sales cycle at the exact moment it needs to be swift and frictionless.