The vast majority of businesses sponsor a website intended to help market their goods and services. Most of these websites include a section denominated as “Terms of Use” or “Terms of Service.” The Terms of Use purport to act as a contract between website sponsor and the users. That contract can be very important to all website sponsors, but especially so for websites where goods are sold. Unfortunately, the Courts have held that Terms of Use will not be enforceable unless certain procedures are adopted.

This CLE program will be presented in three parts by business law specialist Richard Waxman. (1) we will delve into the kind of contractual terms that should be included within Terms of Use. (2) we will briefly talk about the procedures that must be followed for Terms of Use to be effective under the federal district courts precedents. (3) then we will address the three headed monster of 21st century commerce, which is: “Litigation in California, where all laws tilt in favor of the consumer.”