The PactSafe Blog: Making business happen faster

10 Ways to Present Legal Terms at Sign-up

Sign-up...NOW! We always want sign-ups to happen as soon as possible, because that means business. But does it mean legal business? If your customers are signing up online and aren’t being prompted to accept your legal terms before sign-up confirmation, it might not.

Topics: Clickwraps Tips and Best Practices

Use Clickwraps for Business Contracts

Over the last year, we have been following cases of companies such as Dick’s Sporting Goods, Barnes & Noble, and Proflowers.com for posting their website terms online via hyperlink. Attempting to enforce a website’s terms of use this way is called a browsewrap agreement. The enforceability of passive browsewraps has been a toss up for a while and continues to fade. Clickwrap agreements are so much more verifiable. It’s a mystery why more companies aren’t using them within their websites and apps.

Topics: Clickwraps Browsewraps eSignature

Why you need a clickwrap API

So we’ve already been over how a clickwrap API works, but why would you ever need one? Is that really a question? Clickwrap APIs are the best things ever, duh. No but really, what makes someone wake up in the morning and think, “Yes today I need a clickwrap API embedded into my website!” People don’t think that, which has proven to be a problem.

Topics: All About PactSafe Clickwraps

How does a clickwrap API work?

The complex world of software engineering is a fascinating one. The precision required to build out any feature for an app or website takes an army of developers and a lot of time. When it comes to wanting a clickable agreement on your website and automatic digital recordkeeping, that also has to be built. Don’t want to build it? There’s a clickwrap API for that.

Topics: Modifying Website Legal Clickwraps

DraftKings' & FanDuel's Terms of Service Still Have Weaknesses

Since we last discussed fantasy football, we looked at DraftKings and FanDuel who had faced a number of lawsuits back in 2015 resulting in a federal inquiry. On top of the lawsuits suggesting fraud, negligence, false advertising and more, the fantasy sports moguls had Terms and Conditions binding users to even more provisions in which the validity and enforceability of the terms was questionable. Companies like Safeway and Zappos have been thumped in class action lawsuits because they failed to follow best practices for display and tracking that left their Terms of Use unenforceable. Pending additional lawsuits, it looks as if these fantasy sports sites could be candidates for similar accusations.

Topics: Modifying Website Legal Clickwraps Tips and Best Practices Why Most Sites Do It Wrong

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

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."

Topics: Managing Website Legal Clickwraps Why Most Sites Do It Wrong Case Law Reports

PokemonGO's Terms of Service & Privacy Policy are unenforceable legal disasters. Here's why.

If you're anything like us here at the PactSafe offices, you're probably spending a few minutes over lunch this week wandering around the streets outside your office trying to catch Pokemon. If you're not, well don't worry -- the guilt, shame, and embarassment of walking around as a grown adult playing an adaptation of a late-90s children's game wears off quickly. There's still plenty of time for you to catch up, reach Level 5, and head over to the nearest Pokemon Gym in your neighborhood to do battle.

Topics: Insider Website Legal Agreements Clickwraps Website Legal Agreement Case Studies Tips and Best Practices Why Most Sites Do It Wrong

Enforcing Clickwrap Agreements is Becoming More Difficult

Remember the good 'ole days of carefree clickwrapping?  

Slap a checkbox on a form, create a link to a set of legal terms, and POOF you have a contract! (Ok so it never worked that way, just ask TransUnion or GoGo.)

In the past, judges have thumped clickwrap agreements for poor design, confusing presentation, and other no-no's that could typically be avoided with a bit of forethought.  A recent federal court order shows that courts (and lawyers) are really starting to dig into how clickwraps work, and what goes on behind the scenes.

Topics: Clickwraps

How can Human Resources utilize clickwrap agreements?

FinancialForce conducted a survey of HR professionals asking, “What are the major pain points you face today?” Out of the answers collected, the top two pain points were:

  • Completing manual processes and spreadsheets
  • Lack of systems integration

The solution to both of these pain points was technology adoption. New software with automation, recordkeeping and data analysis capabilities enables Human Resource Departments to streamline their workload and be much more organized.

Topics: Clickwraps

How can clickwraps help SaaS companies?

Anyone can be closing fully-enforceable sales processes online with a single click. That goes for SaaS companies, too -- whether you've got a 'BUY ONLINE' option available or not. Amazon's one-click purchase checkout system doesn't have to be reserved for the biggest companies in e-commerce or online retailers. You too can do business faster, today

Topics: Managing Website Legal Clickwraps Tips and Best Practices