The following 5 Contract Provisions will undoubtedly help save your business future headaches! While no contract provision can be guaranteed to be enforceable, following some basic principles of use will dramatically increase the odds. Of course, your business won’t get any protection without using them in the first place. 1. Warranties You may or may Read More…
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How To Make Website Terms Enforceable 101!
Website user agreements and terms and conditions relating to subscriptions/memberships or to product or service purchases are the most common agreements online. These agreements take form as either a “click-wrap” or “browse-wrap” agreement. “Click-wrap” agreements are agreements where the user or purchaser agrees to the terms of an agreement by pointing and clicking a mouse. Read More…
Are Email & Other E-Contracts Enforceable?
An “e-contract” is essentially any type of written agreement or contract between two or more parties that exists only in an electronic format. Most issues involving the enforceability of agreements entered into with businesses online generally involve click-wrap agreements, or browse-wrap agreements and email communications. Under traditional contract law, certain types of contracts must be Read More…
Where Internet Jurisdiction Can Get Your Business Sued!
The concept of Internet jurisdiction can be complicated and unclear. What happens when a dispute arises over an item or service purchased from your business through the internet? If that dispute turns into a lawsuit, it could be with an individual residing across the country from your business. What happens then? If you live in Read More…
Does The FTC Franchise Rule Apply To MLM Offers?
Since the inception of the FTC Franchise Rule (16 C.F.R. § 436.1), the FTC has brought more than two hundred enforcement actions under the rule. The FTC has been particularly successful at stopping fraudulent business sales related to the sale of vending machines and rack displays. However, the FTC Franchise Rule has been unsuccessful at stopping Read More…
Understanding The FTC Business Opportunity Rule
There are certain requirements to be followed for offering a franchise or a business opportunity. We have all seen the following types of claims on websites: “Be Your Own Boss!” …..“Work Part-Time from Home” …..“Earn $5,000 a month with our System”… “100% return on your investment guaranteed!” or “Quick and Easy!” …..“Start Earning Today.” These Read More…
MLM Income & Earnings Disclaimer Use 101!
Specific earnings and income claims entice the customer. These claims are often made in connection with offering business opportunities and with MLM plans online. Misleading earnings or income claims are deceptive and illegal in general under Section 5 of the FTC Act. But, they pose other concerns in connection with offering business opportunities and in Read More…
Is Your Business An MLM Pyramid Scheme?
Business engaged in multi-level marketing need to ensure they are not conducting an illegal MLM pyramid scheme! Multilevel marketing plans are evaluated by the method which the products or services are sold and the manner that participants are compensated. Essentially, if an MLM plan compensates participants for sales by their recruits, and their recruits, that Read More…
Is Your Website Or Social Media Contest Legal?
You may decide to offer some type of prize promotion, such as a sweepstake or contest to promote your website or business. While sweepstakes and contests are generally permitted in most states, lotteries are not. The following summary of social media lottery, sweepstakes, and contest laws should help your business stay legally compliant. Online Lotteries Lotteries Read More…
When Is An Affiliate Disclosure Required?
Affiliate Disclosure Requirements As I discussed in the previous post, being paid to review, promote or sell a product or service establishes a material connection with the seller/provider, which must be disclosed. But, sometimes understanding whether a material connection exists if you’re an affiliate or a blogger is not obvious. What if you blog about Read More…