News & Analysis as of

Terms of Service Motion to Compel E-Commerce

Kilpatrick

California federal court denies motion to compel arbitration because checkout page lacked a sufficient prompt accompanying Terms...

Kilpatrick on

Recently, a California federal court declined to send false pricing class claims to arbitration, holding that while the retailer’s terms of service were reasonably conspicuous, the customer did not unambiguously manifest her...more

Proskauer - New Media & Technology

Thoughtful Presentations of Terms of Use Crucial for Enforceability

Many online services feature comprehensive terms of use intended to protect their business from various types of risks. While it is often the case that a great deal of thought goes into the creation of those terms, frequently...more

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