Jan 15 2010Are Your Website Terms and Conditions Enforceable?

Companies doing business online should review their site terms and conditions to confirm they will be enforceable.

A federal judge in the Eastern District of New York has held that a consumer was not bound by an arbitration provision found in a website’s terms and conditions. The judge reached this decision after noting that:

(1) the link to the terms and conditions (which was not visible unless the user scrolled down to the bottom of the screen) was not prominently displayed;

(2) the website did not prompt the consumer to review the terms and conditions; and

(3) viewing the terms and conditions was not required to effectuate the consumer’s purchase.

See Hines v Overstock.com, Inc., No. 09-cv-991, 2009 WL 2876667, 2009 U.S. Dist. LEXIS 81204 (ED NY filed September 8, 2009).

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Jan 15 2010The Inaugural Post.

Welcome to my blog!

I am Jennifer Puplava, and I am an attorney. I routinely assist my clients with technology law issues. My firm, Mika Meyers Beckett & Jones, is located in Grand Rapids, Michigan.

So what can you expect to see here? This blog will be devoted to technology law. You will find my comments about content regulation and first amendment issues, protection of intellectual property, e-commerce, contracting and licensing, spam, privacy and publicity, and other legal issues relating to technology. I hope to be able to provide helpful information regarding technology law.

Please understand that because the law, the facts, and the client make every case unique, the postings on this blog are not legal advice. Your comments are welcome, but be warned that your posts are not confidential, and I retain the right to edit or delete them if I deem them to be inappropriate. Also, by posting anything, you authorize me to use your post for any purpose.

If you would like additional information about me, please visit my firm's website at mmbjlaw.com. Also, feel free to comment on posts or email me directly, or connect with me on LinkedIn.

Technology law is a constantly evolving field, with lots of complexities and new developments, and I'm excited to be here to share them with you. I will do my best to put new content up on the blog as often as possible, so be sure to check back often.

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