Terms and Conditions

Are Your Website Terms and Conditions Fully Enforceable?

Are Your Website Terms and Conditions Fully Enforceable?

Blog, Internet Law /

Website Terms and Conditions are an important tool for website owners and operators in order to create essential legal protections and limit liability. Frequently, website Terms and Conditions, coupled with the Privacy Policy, are the only legal documents used to establish the contractual relationship between website operators and their respective end-users. Given this vital role, it is important that […]

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Proposed Terms of Service Act: Making Terms Consumer Friendly - Klein Moynihan Turco LLP

Proposed Terms-of-Service Act: Making Terms Consumer-Friendly

Blog, Internet Law /

Earlier this month, several members of Congress introduced a bill aimed at simplifying website Terms and Conditions for online consumers. The Terms-of-service Labeling, Design and Readability Act (“TLDR Act”) is intended to address Website Terms of Service that consumers must agree to before using online services. While the Terms-of-Service Act is merely a bill (and, if

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TCPA Terms- Klein Moynihan Turco LLP

No Arbitration Without Clear and Enforceable TCPA Terms

Blog, Telemarketing Law /

Forming a contract is not as straightforward as it was even 20 years ago. With the application of the Telephone Consumer Protection Act (“TCPA”) to digital marketing, TCPA terms became a crucial component of the formation of a contract between consumers and telemarketers. The Second Circuit Court of Appeals addressed a tricky aspect of this

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website terms

Website Terms and Conditions: More Important than Ever

Blog, Data & Privacy Law, Internet Law /

The era of social distancing brought on by the recent Covid-19 pandemic has greatly limited in-person retail interaction. Consequently, e-commerce transactions and other online interactions have significantly increased in popularity, making well-drafted website Terms and Conditions more essential than ever for website operators. Website Terms and Conditions, coupled with online Privacy Policies, are the legal

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website terms

The Importance of Well-Drafted Website Terms and Conditions

Blog, Data & Privacy Law, Internet Law /

The United States District Court for the Southern District of New York recently issued a ruling that exemplifies the importance of well-drafted website Terms and Conditions. In Stephanie Sinclair v. Ziff Davis, LLC and Mashable, Inc., 1:18-cv-00790 (SDNY, April 13, 2020), the Court ruled that because Stephanie Sinclair (“Sinclair”) had agreed to Instagram’s Terms of

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Gag Clauses in Terms and Conditions has Marketer in FTC Crosshairs

Leave a Comment / Journal /

September 29, 2015 Last week, the Federal Trade Commission (“FTC”) filed a complaint against Roca Labs, Inc., Roca Labs Nutraceutical USA, Inc., and their respective principals (collectively, “Roca”). In its complaint, the FTC alleges various violations of the FTC Act, including the use of “gag clause” provisions in their website Terms and Conditions intended to

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