Website Terms of Service & Privacy Policy

Somewhere on this page there is a link to this site's terms of service and privacy policy. Very few consumers read online terms and policies, even for sites and apps they use daily. If no one reads these terms and policies, why bother having them?  Just because these terms and policies are not well read does not mean that they are not binding contracts that could be helpful to your company's online presence.  There are many situations where having either click-through or passive terms of service and privacy policies can be helpful, and here are the top five reasons you may want website terms and policies:

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UDRP: Domain Name Disputes

How do you resolve a dispute over a domain name? For example, if you own Widgets, Inc. (and use that name in commerce), and another person registers www.widgetsinc.com, what can you do?  Among other options, the Internet Corporation for Assigned Names and Numbers (ICANN) has a streamlined Uniform Dispute Resolution Procedure (UDRP) that allows for an expedited process to resolve these types of disputes.

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Federal Trade Commission (FTC) & Social Influencers

Social media is a great place to advertise. But what you say in advertisements can have consequences. The U.S. Federal Trade Commission (FTC) monitors commercial advertisements, and has upped its enforcement of consumer protection laws against advertisers on social media.

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California's Auto-Renewal Law: eCommerce Vendors Take Note

​eCommerce vendors doing business in California take note.  California leads the country in aggressive efforts to stop automatically recurring charges to consumers.  Under California's Auto-Renewal Law (Cal. Bus. & Prof. Code § 17600 et seq.), eCommerce vendors must allow online cancellation of auto-renewing memberships that were commenced online.  Requiring customers to cancel these auto-renew subscriptions via phone or mail is no longer be allowed.

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Celebrities & Virtual Currencies

Celebrity endorsements normally raise a variety of legal issues - generally these kinds of endorsements may be unlawful if they do not disclose the nature, source, and amount of any compensation paid, directly or indirectly, by the company in exchange for the endorsement.  The SEC has taken notice of the celebrity attention and endorsements that are popping up for different virtual currencies- the SEC has taken the position that "virtual tokens or coins sold in ICOs may be securities, and those who offer and sell securities in the United States must comply with the federal securities laws.

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