Contracts in the Self-Service Economy

By Amber Ferrari on Sep 27, 2016 7:30:00 AM

The self-service economy is all about speed. Your phone is the one-stop-shop for on-demand service that has come to be expected. With apps being downloaded by the second, serving customers “later” is no longer an option. The option is, “now”, end of story.

Continue Reading

How does a clickwrap API work?

By Amber Ferrari on Sep 15, 2016 8:00:00 AM

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.

Continue Reading

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

By Amber Ferrari on Sep 8, 2016 9:00:00 AM

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.

Continue Reading

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."

Continue Reading

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

By Kyle Robbins on Jul 12, 2016 4:33:51 PM

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.

Continue Reading

Exactly how legal is my eSignature?

By Amber Ferrari on Feb 19, 2016 8:30:00 AM

While we definitely can’t vouch for all eSignature platforms, PactSafe Transact is our Signature Acceleration Platform that certainly renders a legal signature.

How do we know that? We like to follow laws!

Continue Reading

Lawyers will exploit weaknesses in DraftKings' & FanDuel's Terms of Service. Here's why.

By Brian Powers on Dec 17, 2015 1:30:00 PM

 Author: Brian Powers, Founder and CEO of PactSafe, Inc / licensed attorney

© 2015 PactSafe, Inc, All Rights Reserved

By now, you're likely familar with daily fantasy sports powerhouses DraftKings and FanDuel and the controversy surrounding the two in recent weeks. Added capital, wild success, and a relentless advertising blitz helped to raise suspicions about the companies' practices—some of which were confirmed when reports surfaced that employees of the companies were using inside information to win large sums of money playing the games on the competitors’ platform. Since that time, the two companies have been served with a number of lawsuits for fraud, negligence, racketeering, and false advertising, in turn, facing heightened scrutiny from regulators. A federal inquiry is already underway into the industry's practices. Nevada has already demanded the sites become properly licensed in the manner of a sports book. But, the industry's most threatening move might come from the state of New York, where the state's Attorney General has requested an injunction to keep the sites from operating within the Empire State's borders.

Continue Reading

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. 

Continue Reading

Does updating your website terms suck? Try this.

By Amber Ferrari on Nov 4, 2015 4:15:56 PM

Isn’t it enough that your day is already filled with managing business affairs, legal affairs, and making sure that all of your clients are happy? And that barely covers the broad spectrum of what you undertake in a single day. After countless hours of drafting legal agreements, waiting for revisions and approval, managing the liaison between you and the development team to make sure changes are actually implemented and up-to-date, then still having to test the agreements on the website, you’re putting in unnecessary hours for the menial task of publishing your latest draft—not even speaking to the opportunity cost of your missed work.

Continue Reading

YouTube Red's new terms of service have some users feeling, well, red

By Kyle Robbins on Oct 29, 2015 11:26:41 AM

Wondering why you can't find content from places like ESPN or Grantland on YouTube anymore? It all has to do with the site's new YouTube Red premium service, and yup, you guessed it — a terms of service update.

Continue Reading