When an online contract is obscurely hidden and referred to as a service agreement, the arbitration clause is not enforceable because the consumer did not agree to the contract and, as result, the contract does not obligate the parties to arbitrate disputes. Sgouros v. … [Read more...]
Browse-wrap Agreements Are Ineffective As e-Commerce Contracts
A California State Appeals Court followed a Second Circuit Federal Appeals Court and a Ninth Circuit Federal Appeals Court decision in declaring that a browse-wrap contract for website selling goods did not establish a contractual obligation to arbitrate disputes. Long v. Provide … [Read more...]
Some “Terms of Service” are not Contractually Binding
A U.S. District Court held that terms of service (TOS) only identified as a hyperlink above a signature line in a contract provided electronically to a business customer, which contract required a signature on a printed version of the contract, did not incorporate the terms of … [Read more...]