Still More on the Enforceability of Website Terms of Service

Still More on the Enforceability of Website Terms of Service Website operators are finally starting to take their website disclosures more seriously, thanks in no small part to the rapidly growing wave of class actions brought against operators who fail to take this evolving area of law into account. Online terms of service documents are contracts, and […]

More on the Enforceability of Online Agreements

More on the Enforceability of Online Agreements As detailed in a previous post, the terms and conditions of service posted on your website constitute a binding obligation if (and only if) the consumer is made aware of their existence, and affirmatively assets to the terms (i.e., by checking a box).  This requirement is further illustrated by a […]

Court Orders Website to Comply with the ADA

Court Orders Website to Comply with the ADA In a recent case filed in California Superior Court, plaintiff Edward Davis sued Bag’N Baggage, a Colorado-based luggage company that owns retail stores in California, claiming violations of the Americans with Disabilities Act (ADA) and California’s Unruh Civil Rights Act in connection with the defendant’s website, ColoradoBaggage.com. Davis, […]

More on the Sufficiency of Website Disclosures

More on the Sufficiency of Website Disclosures The Internet has been a regular part of our lives for 20 years, and yet courts continue to grapple with the question of what constitutes an adequate disclosure sufficient to bind website visitors to the terms and conditions of a service agreement. This screenshot of an online browse […]