Viewing: E-Contracting

Nozbe Privacy Policy

I signed up for Nozbe today to help me get stuff done -- and to keep things from falling through the cracks. I liked their privacy policy, so I thought I would share it with you. (If you notice a surge in my blogging frequency, you'll know Nozbe works.) When you sign up for Nozbe, […] Read More

Email Held Not Sufficient to Transfer Copyright

I’ve written on occasion about the effectiveness of electronic communications to create binding contracts. For example, in Contracts Quiz: Is This Email Settlement Binding? I discuss a recent case in which a court found that an exchange of emails created a binding settlement agreement, and “NO LIMIT” + “Awesome!” = Contract Modification considers a pithy […] Read More

Contracts Quiz: Is This Email Settlement Binding?

Here’s a contracts quiz for you. Two parties, Southwest and Winterer, are attempting to work out an agreement about ownership of a couple of adjacent parcels of property and Southwest files a petition for partition. After mediation and other discussions, the attorney for Winterer sends the following email to the mediator: Here is Winterer’s offer: […] Read More

Are Browsewraps Enforceable in New Jersey? Maybe

A New Jersey appellate court recently refused to enforce an online forum selection clause that was contained in a browsewrap agreement, but it stopped short of holding that browsewraps are unenforceable as a matter of law. The case is interesting because of the comparisons the court draws with the influential and well-known case of the […] Read More

Postette: Excellent ABA Article About Web-Based Terms of Sale

I’ve written fairly often in these web pages about whether online terms and conditions are enforceable—partly because it’s a developing area of contract law, partly because I’m fascinated by the legal fiction that there’s a “meeting of the minds” between website owner and user, and partly because I’m waiting to see what happens when a […] Read More

A Good Example of a Browsewrap Checkout Screen

Kudos to for putting together an excellent browsewrap checkout screen. I had to navigate through the screen recently in order to sign up for the St. Louis Rock 'n' Roll half marathon. When courts determine whether to enforce online terms and conditions, they tend to focus on whether users had notice of the online […] Read More

Should Consumers Read Online Terms of Service?

I’ve been reading and thinking a lot lately about website terms of service. There’s something unsavory to me about having a contract formed between a website owner and its users by posting complicated legalese on the site and pretending the users read them. It’s the “pretending the users read them” part that bothers me. Everybody […] Read More

Dramatic Reading of iTunes Terms of Use by Richard Dreyfuss

I’ve long been bothered by the fact that online terms of use are seldom read and rarely understood. Finally, a solution has presented itself in the form of a dramatic reading by Richard Dreyfuss presented by CNET. The termination provision is especially lively. Cheers to Mike Wokash, aka @MadisonIP, for the link […] Read More

South Park’s Kyle Learns the Dark Side of Online Terms

South Park has never sustained my interest, but this clip, which I discovered on, is downright funny. In the clip the green-capped character (Kyle, according to finds that he agreed to much more than he bargained for when he clicked on the iTunes terms. HUMANCENTiPADTags: SOUTHPARKKyle Broflovski,Eric Cartman,more […] Read More

Contracting by Clicking Send

Are contracts made via email enforceable? You betcha—although not in all cases. In this recent post I highlighted a case where a written contract was modified by a pithy instant message exchange, and in this post I discussed a case where a court enforced “browsewrap” terms of use for a free website where the user […] Read More

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