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1answer
107 views

Wag! Terms of Service

Wag! is an app for dog sitting services. According to their terms, once you get acquainted with a pet care provider through Wag! platform, you cannot obtain for life pet care services from the dog ...
0
votes
1answer
25 views

Unsolicited ideas clause in terms of service in the context of corporate email contact links?

Most term of service contracts have a unsolicited ideas clause that contains language like: suggestions or ideas relating to enhancements, new or improved products, technologies etc. If the ...
3
votes
1answer
84 views

Facebook contract Vs Minors

A minor's ability to contract at face-value is straight forward, any contract with a minor that is not for necessities (food, medicine, clothing, and lodging), and was not approved by the parents/...
0
votes
2answers
60 views

Any Terms of Service deemed invalid due to excessive length?

I don't know any people who read TOS. I don't know any people who know people who read TOS. The only people I know who do read TOS are people on the internet, lawyers and the like. Quote from news "...
0
votes
1answer
21 views

Can Mobile App Terms of Use contain General liability release?

The intent is a smart phone based app, which functions as a service(think ride share type of services). Wish to provide said service without insurance to test market feasibility. Definition(s): '...
1
vote
0answers
35 views

Defenses Based on Electronic Form of Terms

I've been looking at a few terms of service recently, and have seen something along the lines of Defenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may ...
0
votes
1answer
106 views

Can a company receive a payment and never provide the paid service?

I was wondering a question about a situation I'm involved in. Prefacing that I live in Italy, where an European directive states that every customer in their territories must have legal rights to ...
2
votes
1answer
135 views

Can I amend boilerplate contracts by mail?

I am party to a number of contracts (website terms of service, for example), where a service operator writes the contract, and I agree to the contract by using the service. If the other party wants to ...
1
vote
0answers
46 views

Is it required to include “Disagree” buttons for terms of service?

When installing software applications for the first time, there's usually a prompt to accept/reject the terms of service. Accepting the terms grant access to the service while disagreeing closes the ...
4
votes
1answer
115 views

Is a contract made through social media binding?

At my local college I've taken on a course about law and currently we are learning about contract laws and was curious about the binding nature of a contract. Let's say there is a stock broker and ...
1
vote
1answer
156 views

Does a ToS make sense for an artist?

It seems that many artists (including people I know personally) tend to think ToSs are a good thing to apply to art commissions. I tried to explain ToSs put the impetus on the service rather than the ...
0
votes
1answer
76 views

SLA liability in case client break some law

How does or can a Service Level Agreement (SLA) protect the provider from any liability in case the client knowingly breaks a law. Example: AWS is a web hosting provider that sells computing ...
1
vote
1answer
411 views

Facebook disabled my account; can I legally force them to restore it?

I was trying to sell adult goods on facebook as I sold other kind of products as usual to multiple facebook communities. I happened to forget nudity was forbidden on facebook. But the package ...
1
vote
1answer
72 views

Should I use first-person (I) or second-person (you) for ToS consent?

This is a bit of a nagging question for me. Let's say I'm creating a web application that allows users to sign up for some service, subject to certain terms of service. I've seen some sites use first-...
1
vote
1answer
77 views

Ticket Seller's Liability

I bought four tickets to a concert on craigslist. Then I sold two of them on stubhub. I later learned the tickets might be fake. I immediately notified stubhub. I was told seller's agreement is I am ...
1
vote
1answer
735 views

Is an engagement letter the same as an approximate quote?

I needed some legal help from a law firm (in India), and visited them to ask them how much they charge. They said it's their billing department that decides that, and they'd get back in touch by email....
-1
votes
1answer
344 views

Is it illegal or against the ToS to have two facebook accounts?

When creating an online account, you often agree to the terms of service (ToS). Often in the ToS it says only one person can have one account. Does this mean if someone creates another account they ...
2
votes
1answer
347 views

Are “Terms of Service” legally binding that are presented contrary to “Best Practices”?

Question If a software company presents Terms of Service to an End User in a manner they expect users to neither read, nor understand - is it still legally binding? A hypothetical Company A knows ...
1
vote
1answer
143 views

If a company changes terms of service, can I refuse and get a refund for the affected product?

Presumably if they want to change the contract I entered, and I refuse, the contract has to stay the same. Sometimes this may be impractical for the company, so can I get a full refund in such a ...
1
vote
1answer
75 views

Written evidence vs terms of service

Me: from Europe Company A: from United States of America I signed up for a service from company A. A stated in their written e-mails to me that I would get a full refund when the service they ...
-2
votes
2answers
207 views

What should I store when a user agrees to a click wrap agreement?

What are the security measures and precautions I should take when a user signs up and checks the click wrap agreement? What information should I save again each agreement and should I save the ...
2
votes
1answer
61 views

Client has no right to have services similar to the Services performed by Client’s staff - is it legal?

Can this provision "The Client has no right to have services similar to the Services performed by Client’s own employees or subcontractors or by other third parties." be illegal? For example, a ...
2
votes
0answers
542 views

I agree to the terms and conditions on this website

In the US we have the concept of a digital signature being anything that two parties agree to being a "signature". We are just now internationalizing our website and I'm wondering just how valid our "...
0
votes
2answers
2k views

Can terms of service override any written laws?

Can ToS override some/any aspects of written laws, or rights granted by written law? I know that ToS cannot compel one to commit murder, theft etc, and that most human rights are off limits. I've ...
2
votes
2answers
379 views

Are terms of service legal contracts?

Are ToS considered contracts in and of themselves, enforceable under contract/civil law? Generally I'm talking about the Common Law systems in the major regions (UK, North America and Oceania). ...
0
votes
1answer
61 views

Can a company raise the cost of a service partway through a service period?

We've been paying $500/month since we started using this SaaS company several years ago, as one of their first customers. The company sold to some other company in April. On July 19, of this year ...
1
vote
1answer
93 views

What type of legally binding document do I need to offer my own services and make a client responsible for their use of my own deliverables?

Lengthy question. I offer software analysis services. I can tell a business what technology they need, how to put it together, and give them the materials to start hiring developers with. I don't want ...
5
votes
1answer
624 views

Are “exact change only” policies legal?

I parked in a garage that has an automated pay-to-park kiosk - you specify how many hours you wish to purchase, and then insert payment. For two hours of parking, the price was listed as $6. It was ...
5
votes
2answers
2k views

How can a license agreement or terms of use be enforced on a minor?

Since a license agreement/terms of use document is a contract between the publisher and the end-user, and since minors are prohibited from entering into legally binding contracts in most U.S. states, ...
1
vote
1answer
496 views

Would what happened in South Park (human centipede) be legal?

There's an episode of South Park where buried in the terms and agreement of iTunes, you agreed that Apple could forcibly make you into a human centipede. See: In the real world could this happen? ...
1
vote
1answer
62 views

'Click To Agree' Terms of Services And Other Digital Agreements

I've seen countless TOS/EULA/Legal agreements that basically say, 'Click here to Agree'. What legal implication (if any) is there if I circumvent the action of clicking on that link/checkbox/button? ...
1
vote
2answers
51 views

Legally speaking who is a client?

As a service provider, we have been providing services to a particular business for almost a year now. No contract or framework has been signed for the services provided. A contract negotiation has ...
1
vote
1answer
47 views

Legality of invoicing a content spammer for advertising fees and enforce such an invoice?

I am wondering if it would be legal for party A to invoice a company which posts spam advertisements on a website owned by party A which has a terms of service prohibiting such unsolicited and ...
1
vote
2answers
91 views

Google Maps Terms of Service

I came across a section of the Google Maps Terms of Service (link) that confuses me. I am currently developing a phone app and would like to use Google Maps. Is this section saying that Google owns my ...
1
vote
1answer
485 views

Does an offer letter need to mention the terms of termination of employment?

I received an offer letter from a startup in India, which mentions: Your assignment shall be based in CITY_NAME and your appointment will take effect from the date of your joining, which shall be ...
8
votes
1answer
3k views

Is a job offer letter sent and accepted by email, legally binding?

TL;DR: You could also jump to the last paragraph. I was interviewed and selected by a software startup in India. Saturday was not a working day for them, but yet their tech VP, product manager and ...
1
vote
0answers
26 views

How to approach integrated extended service and durable goods UCC SOF K

A and B are friends. A is a reputable retailer specializing in shoes. B asks A for economical help, and A agrees that if B can manufacture a custom shoe that they'd continue working together. Some ...
6
votes
1answer
188 views

What's the validity of different versions of Terms of Service (Software, Web)

Many people sit around and nitpick about wording that's added or subtracted. They have many terms for this but its essentially everything they get you to agree before they allow you to use a web ...
6
votes
2answers
1k views

Is it even possible to use the Google Maps API without violating their terms of use?

I went to the Google Maps API terms of use page and scrolled down and found section at 10.5f, which read: No incorporating Google software into other software. You will not incorporate any ...
4
votes
2answers
361 views

What if the user disagreed with the Terms of Service, but still registered on a website?

This is purely hypothetical, based on an anecdote told on a web design lecture a long time ago. Most websites nowadays require you to click on a little checkbox that usually says I agree to the Terms ...
6
votes
4answers
521 views

What is the point of website Terms and Conditions?

I was considering answering How prominent must terms of service be?; when I was struck by a thought: what is the point of website Terms and Conditions anyway? Clearly, if they form a contract and ...