If you are legal counsel representing a company doing business online or a consumer disputing an online transaction, each client can end up agreeing to terms and conditions of an online service provider by simply clicking on a box or browsing beyond their homepage. Either action can result in a contractual relationship between the provider and your client whether an individual reads the legalese of a use agreement or not.
In this presentation, Scott Pink, Special Counsel with DLA Piper, will provide expertise on the legal enforceability of Terms of Use Agreements.
Topics will include a discussion of the enforceability of “Clickwrap” and “Browsewrap” Agreements. What factors determine whether an online agreement is enforceable or not? What is effective notice and consent to online terms? Do you have to have actually scroll down and read the entire terms for the agreement to be binding? What terms tend to be challenged in online terms of use? What items have to be separately consented to outside of the standards terms of use?
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1 hour