The recent decision by the U.S. Court of Appeals for the Fourth Circuit in Dhruva v. CuriosityStream, Inc. has significant implications for how courts interpret consent to terms and conditions on websites. This case highlights the importance of clear and conspicuous notice in forming enforceable online agreements such as terms and conditions, including those with arbitration agreements. …
The Emily Wu v. Uber Technologies decision by New York’s highest court has solidified critical standards for enforcing terms and conditions and other digital agreements such as privacy policies, particularly emphasizing the importance of active user consent. The case—which upheld Uber’s arbitration clause despite the plaintiff’s claim that she never reviewed updated terms—serves as a …
Read more Designing Enforceable Terms and Conditions for Websites and Apps
Terms and Conditions (T&Cs) agreements are the backbone of digital business relationships. They govern user interactions, protect intellectual property, allocate risk, and ensure compliance with laws. However, drafting and maintaining enforceable T&Cs requires precision, customization, and legal expertise. This guide breaks down the essential components, common legal considerations, pitfalls, and the critical role of a …
Read more Essential Terms & Conditions Compliance: A Lawyer’s Guide
Terms and conditions are ubiquitous and are present on almost every website and app that we use. Whether it is our online banking or purchases made via online marketplaces, such as Amazon.com, terms and conditions are present. Terms are so omnipresent that there are websites that monitor their contents and changes, such as Clickwrapped.com as …
In addition to our insights focused on our practice areas of privacy and cybersecurity, marketing and media, and technology and blockchain, we …
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In addition to our insights focused on our practice areas of privacy and cybersecurity, marketing and media, and technology and blockchain, we …
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