by jakewalker on 8/19/14, 4:00 PM with 5 comments
by teachingaway on 8/19/14, 6:09 PM
Professor Goldman often makes this comment: > "there are two types of online terms: mandatory click-through agreements and everything else, which I’ll call 'things that aren’t contracts.'”
Secondary takeaway - you probably want a mandatory arbitration clause in your terms of service. Discuss it with your lawyer, but arbitration is often far less expensive and less distracting for a startup (compared to litigation).
by kalleboo on 8/19/14, 6:17 PM
Imagine if you had to read the terms & service of every supermarket you walked into. Every convenience store.
by eitally on 8/19/14, 5:57 PM
"But in the court’s eyes, this is not enough. The court seems to say that there should be 'something more' drawing the user’s attention to the terms, such as contrasting text or a warning...."
We were recently advised by external counsel that our privacy policy and safe harbor links were not adequately visible (they're just plain text at the bottom of every page), and restyled them accordingly. ymmv.