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Then why even bother with terms if nothing matters? Oh right - because at least in the US it DOES matter. Courts have upheld some key elements of these. For ex
by privateSFacct 8y ago
Then why even bother with terms if nothing matters? Oh right - because at least in the US it DOES matter. Courts have upheld some key elements of these.
For example, a court ruled that "employee had the apparent authority to bind his employer to a clickwrap agreement simply because the company had provided him with a computer and the Internet access."
Are you following this? Arbitration agreement, prohibitions on patent litigation, sharing your data widely as a condition of accessing a website all have been upheld based on "I Agree" clicks.
- zaarn 8y agoYou bother because even the Boilerplate is still legally valid and boilerplate does include sharing data with 3rd parties for most courts. Point being is that you can't just do what you want in the ToS. You have to include some form of boilerplate, ie, no surprising / only standard terms of usage.