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Websites Terms of Use

ArentFox Schiff

On Good Terms: Five Reasons Why Businesses Should Take Their Terms of Use Seriously

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Well-drafted and enforceable terms of use are an essential risk management tool for any business, particularly e-commerce sellers and online service providers. Despite their importance, however, terms of use are often...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: Holiday Edition (October, November, & December 2024)

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Welcome to the nineteenth installment in our monthly data privacy litigation report. We prepare these reports to provide updates on how courts in the United States have handled emerging data privacy trends. We are covering...more

BakerHostetler

Terms of Use: 10 Things You Agree to When Visiting a Website

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Every time you click on a website, you are entering into a contract – often without even realizing it. While we casually browse, download content or make online purchases, we are simultaneously agreeing to a set of terms and...more

Vedder Price

E-Tailer Beware: The Seventh Circuit Clarifies the Framework for Enforceability of Digital E-Commerce Agreements

Vedder Price on

Does your company have website terms of use, or e-commerce terms? If so, it’s important to know whether those terms are enforceable....more

Latham & Watkins LLP

Website Terms of Use May Risk Liability Under California Law

Latham & Watkins LLP on

Companies selling or leasing consumer goods or services should be alert to a recent rash of lawsuits targeting terms of service provisions. A recent spate of class action lawsuits brought under California Civil Code...more

Greenberg Glusker LLP

[Webinar] Shifting Tides: Navigating Online Consumer Disputes in 2024 - January 22nd, 10:00 am - 11:00 am PST

Greenberg Glusker LLP on

Join us for a discussion on the best practices for navigating the evolving landscape of dispute resolution for online businesses. We’ll dissect the latest on critical issues like user agreements and privacy disclosures, CIPA...more

Benesch

Don’t Hide Your Hyperlinks: (Successfully) Using Arbitration Agreements to Avoid Class Litigation

Benesch on

In the ever-evolving landscape of TCPA litigation, the recent case of Hooper v. Jerry Insurance Agency, LLC, No. 22-cv-04232, 2023 U.S. Dist. LEXIS 105247 (N.D. Cal. June 1, 2023) provides a noteworthy exploration of contract...more

Fox Rothschild LLP

The LinkedIn-HiQ Labs Case and Data Scraping in the US: Some Takeaways

Fox Rothschild LLP on

What does the summary judgment granted to Linkedin in the famous Linkedin-HiQ Labs case teach us about data scraping in the US? Here are some of my thoughts on what the U.S. District Court for the Northern District of...more

Kilpatrick

Internet contracts – beyond clickwrap and browsewrap

Kilpatrick on

Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept. An internet consumer must, at a minimum, be...more

Bond Schoeneck & King PLLC

Website Terms of Use Agreement and Privacy Policy

Booming internet usage means that virtually every company has a website and many companies use their website to enhance the user experience and collect information about their users. As a result, company websites have terms...more

Robinson+Cole Data Privacy + Security Insider

Walmart Litigation Provides Guidance on Data Breach Class Action Suits Under the CCPA

Gardiner v. Walmart provided some guidance as to the specificity required to state a claim under the California Consumer Privacy Act (CCPA) and the types of damages that may be recoverable for breaches of California consumer...more

Morrison & Foerster LLP - Social Media

Role Reversal: Ninth Circuit Rejects Consumer’s Attempt To Enforce Updated Arbitration Provision In Website Terms Of Use

In Stover v. Experian Holdings, the Ninth Circuit decided an issue of first impression for the circuit, holding that a party’s single visit to a website four years after her original visit—when she agreed to an online...more

Carlton Fields

Ninth Circuit: Website Visit Four Years After Assent To a Contract Containing a Change-of-Terms Provision Does Not Bind Parties To...

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The Ninth Circuit affirmed the district court’s order compelling arbitration in a case brought under the Fair Credit Reporting Act (FCRA) and state law, based on the plaintiff’s purchase of Experian’s Credit Score...more

Carlton Fields

Ninth Circuit Holds That a Change-of-Terms Provision Cannot Bind Parties To a New Browse-Wrap Agreement

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The Ninth Circuit recently concluded that a consumer was not bound by updated terms merely because she accessed a website that contained new terms in a “browse-wrap” agreement on the website. The court also concluded that an...more

Spilman Thomas & Battle, PLLC

New Developments in the World of Section 230

Nick Mooney and Joseph Schaeffer, Spilman Technology Law Practice Group Chairs, discuss proposed amendments from the Department of Justice, a recent statement from Justice Thomas on the Supreme Court’s “shadow docket,” and a...more

Wilson Sonsini Goodrich & Rosati

Thoughtful Presentation of Online Terms of Use Agreements with Arbitration Provisions Crucial to Avoid Litigation

Some district courts express skepticism over arbitration provisions in consumer online terms of use agreements. In March 2020, one such court denied a motion to compel arbitration, finding that the online terms of use at...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

Kilpatrick

Internet terms of use: Ninth Circuit enforces arbitration agreement accessible through browsewrap hyperlink

Kilpatrick on

Takeaway: Technology advances. Business processes evolve. Internet transactions become increasingly ubiquitous. Contract formation, however, remains an old-fashioned concept. An Internet consumer must, at a minimum, be...more

Morgan Lewis - Tech & Sourcing

Good Online Hygiene

With the world in various states of lockdown, your organization’s online presence is more important than ever…even more so with official enforcement of CCPA beginning last month. It may be a good time to spend an afternoon...more

Morrison & Foerster LLP - Social Media

Stretching The Bounds Of Personal Jurisdiction, 4th Circuit Finds Geotargeted Advertising May Subject Foreign Website Owner To...

Foreign websites that use geotargeted advertising may be subject to personal jurisdiction in the United States, even if they have no physical presence in the United States and do not specifically target their services to the...more

Kilpatrick

June 2020 Monthly Minute | Effectively Protecting Your Data

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Once a month, we cover an interesting intellectual property topic. This month, Senior Associate Richard Goldstucker and Associate Tony Glosson discuss effectively protecting your data....more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Creating Enforceable Contracts

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Morrison & Foerster LLP - Social Media

S.D.N.Y.: Public Display Of Embedded Instagram Photo Does Not Infringe Copyright

A federal district court in New York held that a photographer failed to state a claim against digital-media website Mashable for copyright infringement of a photo that Mashable embedded on its website by using Instagram’s...more

Partridge Snow & Hahn LLP

Bringing Your Business Online: Website Terms

The current COVID-19 pandemic has forced many businesses online in order to survive. In many cases, businesses had no plans to be online. Others were forced to move online more quickly than planned. In order to assist these...more

Barnea Jaffa Lande & Co.

What You Should Know before Launching a Website or App

When a company is looking to start operating online via a website or an app, it must ensure its relationship with its users is defined not only from a marketing point of view but also from a legal perspective....more

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