To Click or Not to Click, That is the Question: Enforceability of Terms of Use in an Online Economy

Whether you operate an informational health blog, an on-demand grocery delivery iOS application or a web-based e-commerce marketplace, the importance of a well-tailored and business-specific Terms of Use agreement is essential in protecting your online business and mitigating legal exposure. Commonly referred to as “Terms of Use,” “Terms of Service” or “Terms and Conditions” (for purposes of this article, collectively, “Terms of Use”), these agreements are the rules (or, in many cases, binding legal contracts) that an end-user agrees to when accessing or using the services of a web-based or smartphone application. Terms of Use Article v2

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  • To Click or Not to Click, That is the Question: Enforceability of Terms of Use in an Online Economy

    Whether you operate an informational health blog, an on-demand grocery delivery iOS application or a web-based e-commerce marketplace, the importance of a well-tailored and business-specific Terms of Use agreement is essential in protecting your online business and mitigating legal exposure. Commonly referred to as "Terms of Use," "Terms of Service" or "Terms and Conditions" (for purposes of this article, collectively, "Terms of Use"), these agreements are the rules (or, in many cases, binding legal contracts) that an end-user agrees to when accessing or using the services of a web-based or smartphone application. Terms of Use Article v2 Read More

  • Nonprofit Organizations: Is It Time to Update the Bylaws?

    Together with the corporate charter on file with any nonprofit organization’s home state, the bylaws comprise the nonprofit organization’s key legal documents and a roadmap for how a particular organization will function. In particular, the nonprofit organization’s bylaws regulate critical matters including, without limitation, the charitable purpose(s) of the organization, the size and function of the governing body as well as the election, terms and duties of the organization’s directors and officers. A nonprofit organization’s bylaws must also include language affirming requirements and prohibitions for nonprofit 501(c)(3) organizations as set forth by the Internal Revenue Service (“IRS”). As a nonprofit organization grows or modifies its purpose, its bylaws should be amended and updated to reflect the changes. Nonprofit Bylaws Alert Read More

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