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Mini Law Lesson
How to Create Binding Terms/Rules
Brian Heidelberger bheidelb@winston.com
Twitter @briheidelbergerInfo @ www.winston.com/bheidelberger
IMPORTANT DISCLAIMER
• I am not your attorney.
• This is not legal advice.
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New Appellate Court Decision
• Retailer failed to provide notice even though “Terms of Use” link near “Submit” button
Providing a hyperlink to the Terms of Use alone is insufficient
No matter how conspicuously the hyperlink is placed
Companies must also provide other form of notice or prompt users to take an affirmative action to agree.
• Unless you can prove actual knowledge of terms
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Applies to …
• Terms of Use /Sale
Internet Websites
Mobile Sites
Apps
• Promotions
Sweepstakes, Contests, Free Offers, Rewards Programs, etc.
• Any Time You Need to Bind Someone
• NOT: Material terms disclosure requirements
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Submit Button With Terms Below Fold
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Submit Button With Terms Below Fold
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Rules/Terms Link Which Doesn’t Reference
Assent
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What It Should Look Like
• ACCOUNT CREATION
By checking the box, you are agreeing to our Terms; or
By clicking the “Create Account” button below, you are agreeing to our Terms
• CHECKOUT
By checking the box, you are agreeing to our Terms; or
By clicking the “complete order” button below, you are agreeing to our Terms
• IMPORTANT NOTE
Advise to include a link to the Privacy Policy as well
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Check Box to Agree to Terms/Rules
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Statement Showing Agreement to Terms Directly Above Submit Button
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Statement Below Fold Showing Assent
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Follow me on Twitter
@BriHeidelberger
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More Mini Law Lessons
youtube.com/AdAge.com
&
youtube.com/BrianHeidelberger
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