Takeaway: make sure your users click-to-agree on your terms of use. Referencing them in the fine print somewhere isn't safe. Professor Goldman often makes this

Takeaway: make sure your users click-to-agree on your terms of use. Referencing them in the fine print somewhere isn't safe. Professor Goldman often makes this comment: > "there are two types of online terms: mandatory click-through agreements and everything else, which I’ll call 'things that aren’t contracts.'” Secondary takeaway - you probably want a mandatory arbitration clause in your terms of service. Discuss it with your lawyer, but arbitration is often far less expensive and less distracting for a startup (compared to litigation).