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Contract Formation › Terms and Conditions

Troutman Pepper Locke

Ninth Circuit Mandates Arbitration in Millionaire Match Case: Emphasizes Totality of Circumstances in Online Contract Formation

Troutman Pepper Locke on

In a recent decision by the U.S. Court of Appeals for the Ninth Circuit, the court reversed a district court’s ruling and compelled arbitration in the case of Massel v. Successfulmatch.com dba Millionaire Match. The appellate...more

Barnea Jaffa Lande & Co.

Informal Agreements or a Binding Contract?

Barnea Jaffa Lande & Co. on

Everyone knows what a contract means. But what does a “non-binding contract” mean? Does it encompass, for example, a memorandum, meeting minutes, a document containing nonspecific points of consent in principle? A recent...more

Morrison & Foerster LLP - Social Media

Terms and Conditions Buried in Easily Ignored Scroll Box Don’t Cut It, the Seventh Circuit Holds

Morrison & Foerster LLP - Social Media on

As we have noted before, if you want to increase the likelihood that your website terms of use are enforceable against users, you need to do two things. First, you need to display the terms to users in a conspicuous way, and...more

Foley & Lardner LLP

Best Practices in Drafting U.S. Government Subcontract Terms and Conditions

Foley & Lardner LLP on

Federal government subcontracts are a hybrid between commercial contracts governed by state law (such as, for the sale of goods, the Uniform Commercial Code) and government contracts governed by the Federal Acquisition...more

K&L Gates LLP

Can Heads of Agreement That Are "Subject to Contract" Still Bind You?

K&L Gates LLP on

Background - It is common practice for parties to property and business transactions (such as sales, purchases and leases) to sign a heads of agreement once an agreement has been reached in relation to the key...more

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