Viewing: terms and conditions

From the Interwebs: Creative Commons TOS, No Love for the Facebook, Geeky Grammar Humor

Just Click No. I’ve written a decent amount about the adhesive nature of website terms of service and how it’s unseemly for contract law to pretend that people read and agree to them. Well, not everyone has to grin and bear it. If you have as much clout as the government, you might be able […] 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

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

The E-Contracting Paradox: No One Reads Online Terms But Everyone Agrees to Them

Let’s face it, no one reads online terms and conditions. Admit it, you don’t read them either. I know you don’t, because I don’t. And I read user’s manuals (and file them). I never quit a book until I’m finished, no matter how bad the book is. I read the dust jacket, copyright page, table […] Read More

Postette: Can You Incorporate Online Terms and Conditions into a Written Contract?

I’ve been asked on occasion whether a company can post its standard terms and conditions online and incorporate them into their contracts by inserting a reference in each contract to the online terms. The answer in many cases is yes, but there are some issues to navigate. This excellent article, which appeared in the April 2010 newsletter […] Read More

Contract Hygiene: Five Healthy Contracting Habits (Part 2)

In this recent post I discussed some habits that businesses can adopt to increase their contract hygiene. These practices, which can improve a business’s health, are inexpensive and effective, yet often neglected. To recap, the first three habits are: Negotiate before you sign. Give important contracts special attention. Don’t sign the other side’s boilerplate terms […] Read More

Contract Hygiene: Five Healthy Contracting Habits (Part 1)

“As few as 50% of restaurant workers wash their hands.” I was introduced to that disturbing stat during a presentation about some sort of high-tech handwashing tracking device that could monitor which employees were washing their hands. I’m not sure whether it was mounted to the sink or the soap dispenser or exactly how it […] Read More