Terms of Use Agreements (TOU) are important to any entity that conducts business via the Internet. TOU provisions contain, usually, items like limitations on acceptable use of a website or app, site participant conduct and in e-commerce applications, important limitations of liability, warranty exclusions, and dispute resolution terms. Generically speaking, TOU documents usually contain the “fine print.” As such, TOU are intended to be contractual terms detailing the rights and responsibilities of the parties. However, contract terms are only binding if they are agreed-to and a recent decision in California has cast doubt on the enforceability of one widely used form of TOU on e-commerce sites.

Types of TOU Agreements…

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