News & Analysis as of

E-Commerce Clickwrap Agreements

Burns & Levinson LLP

Are the Terms and Conditions in Your Online Agreement Enforceable?

Burns & Levinson LLP on

Like many mobile Apps, the one implemented by Uber Technologies includes a statement saying that users agree to abide by the company’s terms and conditions. One of those provisions is a mandate that all disputes with Uber be...more

Williams Mullen

Online Gun Sales: Four Aspects of Effective and Compliant E-Commerce Sales Terms

Williams Mullen on

As firearms industry participants well know, gun sales continue to break records. Last year alone, nearly 40 million National Instant Criminal Background Check System (NICS) checks were performed....more

Proskauer Rose LLP

New York’s Broad Automatic Renewal Law (and the Accompanying Compliance Issues) Coming in February 2021

Proskauer Rose LLP on

New York has enacted a new law, effective February 9, 2021, regulating automatic renewal and some “free trial” type agreements. While some organizations may have already taken steps to be in compliance with industry...more

Rumberger | Kirk

Clickwraps and Browsewraps Oh My! Terms of Online Vendor Agreements - Are They Enforceable?

Rumberger | Kirk on

Often times, in seeking to enforce a term or condition of an online transaction, such as an arbitration clause, an online vendor will discover that (in the eyes of the law) the consumer never agreed to the transaction’s terms...more

Ballard Spahr LLP

Second Circuit: Placing Order Online Did Not Bind Customer to Amazon’s Arbitration Provision

Ballard Spahr LLP on

In an important decision underscoring the challenges faced by retailers and others in enforcing online arbitration agreements with their customers, the U.S. Court of Appeals for the Second Circuit has reversed a district...more

Foley & Lardner LLP

Beware the Scrollable Window: The Seventh Circuit Strikes Down an Internet Contract

Foley & Lardner LLP on

If you’re like us—and most others, we’ll venture to guess—you’ve never read all the terms and conditions of the iTunes end-user license agreement. We doubt that it’s a scintillating read, but, regardless, most...more

Morrison & Foerster LLP - Social Media

Clickwrap, Browsewrap and Mixed Media Contracts: A Few Words Can Go a Long Way

Courts have generally categorized such online agreements into two types: “clickwrap” agreements and “browsewrap” agreements. Clickwrap agreements—which require a user to check a box or click an icon to signify agreement...more

Williams Mullen

Online Gun Sales: E-Commerce Terms that Work, and Keep the Seller Safe

Williams Mullen on

Firearms sales continue their upward trend, with National Instant Criminal Background Check System (NICS) checks indicating that 2014 sales of firearms in the United States exceeded 2012 numbers, and fell just short of 2013’s...more

Bennett Jones LLP

Doing Business in Canada: Technology

Bennett Jones LLP on

Many Canadian businesses are involved in researching and developing cutting-edge technology in a number of areas including: information technology, high-tech, life sciences, pharmaceuticals, clean technology, environmental...more

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