Terms and Conditions

News & Analysis as of

Browsewrap Agreement Wraps up Copyright Infringement Case for Defendant

Those rarely-read “Terms and Conditions” on websites can have real teeth. In a case suggesting that posters beware, a District of Massachusetts court recently concluded that a website’s Terms and Conditions caused ownership...more

Premium – in whose interest?

Loan investors and traders take note of the Judgment of the UK Supreme Court on 11 March 2015 in Tael One Partners v Morgan Stanley & Co International PLC [2015] UKSC 12. The Court addressed the treatment of loan “premium”...more

Alert: Website Terms and Conditions: A Call for Clarity

The UK House of Commons has highlighted the need for clarity of website terms and conditions in order to allow users to provide their "informed consent" to the terms....more

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more

French courts are competent to judge over a French Facebook user's complaint

It is foreseeable that not many of Facebook’s millions of users every day have ever had a look at the social network’s Terms & Conditions....more

Selling What You Don’t Have…What Happened to my Super Bowl Tickets?

Thursday before Super Bowl XLIX in Phoenix Ima Goen Nomattawatta, a huge Patriots fan, found an online broker Izzure Scalp with Super Bowl tickets for $2,500 apiece. Not believing that he could get 4 tickets at only $750...more

BP’s 2015 general terms & conditions for the sale and purchase of crude oil and petroleum products: key changes to be aware of

BP Oil International Limited (BP) recently published the 2015 edition of its General Terms & Conditions for Sales and Purchases of Crude Oil and Petroleum Products (GTCs). The previous GTCs were published in 2007, albeit with...more

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

Five 2015 Corporate Compliance / Litigation Issues Manufacturers Need To Keep An Eye On

It is our annual tradition at the beginning of each year to report on significant issues that face manufacturers/distributors in the year ahead.  Two weeks ago, Matt reported on significant issues in the labor/employment...more

Charting Your Way Through Chrysler Group LLC's New Terms and Conditions

Chrysler Group LLC (Chrysler) issued new general terms and conditions (Terms) for production and Mopar purchasing that will apply to all purchase orders issued after December 1, 2014. The new Terms are not retroactive and...more

Recent Case Highlights Best Practices for Website Terms and Conditions

The United States Court of Appeals for the Ninth Circuit recently decided the case of Kevin Khoa Nguyen v. Barnes & Noble, Inc., No. 12-56628 (9th Cir. 2014). This case highlights the importance of making website Terms of Use...more

Are Your Website’s Terms and Conditions Enforceable? Ninth Circuit Rejects Barnes & Noble’s Browsewrap Terms of Use

Like most online retailers, Barnes & Noble posts “Terms of Use” on its website, which users may review by clicking on a hyperlink that takes them to the webpage on which the terms of use are displayed. Barnes & Noble relied...more

Best Practices in Drafting U.S. Government Subcontract Terms and Conditions

Federal government subcontracts are a hybrid between commercial contracts governed by state law (such as, for the sale of goods, the Uniform Commercial Code) and government contracts governed by the Federal Acquisition...more

Online Terms - What Works, What Doesn’t

The online fine print - those terms and conditions that you agree to when you buy something online - it really does matter where those terms are placed in the checkout process. A recent US case illustrates this point. In...more

Is There Any Escape From Your Contract?

Are you stuck in a contract with onerous provisions and desire to get out of it? Are you paying too much for an item or service and want to stop making such payments? If you answered yes to either of the preceding...more

CMS Issues Cost Savings Reforms to Medicare Regulatory Requirements

On May 12, 2014, CMS issued a final rule, reforming certain Medicare regulatory requirements and eliminating those identified as unnecessary, obsolete, or excessively burdensome. Many of the streamlined provisions relate to...more

New EU Consumer Contracts Legislation Comes Into Force on 13 June 2014: E-Commerce Businesses Should Review Terms and Conditions...

The new Directive No 2011/83/EU sets out a European framework for the minimum standards with which e-commerce businesses active in the EEA must comply when trading with consumers. The new laws apply to most distance selling...more

GM (Again) Revises Its Terms and Conditions, This Time in Response to Continued Supplier Concerns

In July 2013, GM rolled out major changes to its general terms and conditions for its contracts, imposing the most extensive changes for its suppliers in several decades. On this blog, we covered the changes and extensively...more

So Now, Finally, You Can Communicate And Transact With Customers Electronically! An Insurer’s Guide To The Uniform Electronic...

The changes to electronic communication introduced into the Insurance Contracts Act 1984 (“ICA”) by the Insurance Contracts Amendment Act 2013 (“ICAA”) mean that insurers are now able to take advantage of the provisions of...more

Lights, Camera …Action on Your Website Documents

Terms and conditions of use and data privacy policies on websites, applications and other online and mobile services (aka “digital services”) are the subject of much discussion and debate among lawyers and lawmakers and in...more

E-Commerce: Consider the Enhanced Consumer Protection Clauses

The directive 2011/83/EU of 25 October 2011 relating to consumer rights (the "Directive") is to be implemented as of December 13, 2013 by Member States in national European jurisdictions, including French jurisdiction, and...more

OESA Regional Meeting – Chicago Automotive Supplier Industry Update

Are you aware that General Motors (“GM”) issued new general terms and conditions (“Terms”) for direct material, customer care & aftersales, and tooling purchases effective for requests for quotation issued on or after July...more

Your Face is for Sale! The 4 Most Interesting Things About the Proposed Update to Facebook’s Governing Documents

If you use Facebook (and you likely do, if only to play some game that apparently involves crushing large amounts of candy), then you received an email last week informing you that Facebook is proposing changes to its Data...more

Tenth Circuit Asks Oklahoma Supreme Court To Decide Application Of Internet Based Terms To Written Contract

On August 15, the U.S. Court of Appeals for the Tenth Circuit asked the Oklahoma Supreme Court to decide whether a written consumer contract for the sale of goods incorporates by reference a separate document entitled “Terms...more

Competition & Regulation Update: ACCC Obtains Its First Unfair Contract Terms Declarations: ACCC V Bytecard Pty. Limited...

The Australian Competition and Consumer Commission's (ACCC) first case solely based on the unfair contract terms provisions of the Australian Consumer Law (ACL) has resulted in the Federal Court declaring by consent that four...more

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