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e-Commerce, like traditional commerce, relies on contracts. But unlike traditional commerce, e-commerce typically relies utterly on agreements drafted and presented by one party on a 'take-it-or-leave-it' basis. The validity of such contracts arises from the recipient's 'adherence' to the terms given. These so-called adhesion contracts are enforceable, except to the extent that a court finds a term unconscionable.
The typical e-commerce 'Terms and Conditions,' the electronic equivalent of the fine-print contract that governs use of a sales Web site, creates such an unfriendly shopping environment that it makes the legendary 'No soup for you!' restaurant of the television situation comedy Seinfeld seem like the Welcome Wagon. Although I have often written about how the law affecting e-commerce firms ordinarily follows traditional law, the common e-commerce contract stands in stark contrast. Consider the following clauses from actual online agreements obtained in April and May ' and whether you have ever seen anything comparable in any real-world store, much less these Web stores' real-world affiliates.
Features
The latest news from the franchising world.
Recent rulings of interest to you and your practice.
Features
A franchisor of tax preparation franchises was entitled to a 24-month injunction beginning from the time of the former franchisee's compliance with a non-competition covenant. <i>Jackson Hewitt Inc. v. Childress</i>, Bus. Franchise Guide (CCH) ' 13,849 (D. N.J., Jan. 22, 2008). The permanent injunction was ordered when the court granted the plaintiff franchisor's motion for summary judgment.
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Perhaps you've heard: On Jan. 23, 2007, the Federal Trade Commission adopted the comprehensively revised FTC Franchise Rule ('The Amended Rule') and released the 'Statement of Basis and Purpose' ('SBP'), which clarified the Amended Rule's requirements and prohibitions. Compliance with the Amended Rule has been optional since July 1, 2007, and became mandatory on July 1, 2008.
As summer associates struggle to answer obscure research questions over the next couple of months, and when their predecessors start full time this fall, they may find an answer to their late-night prayers in JD Supra, a new online service that offers completely free access (with registration) to a variety of documents, including legal memoranda, briefs and unpublished court decisions.
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Are you among the majority of IT professionals who view the Request for Proposal ('RFP') as the most tedious business document ever created? The RFP itself is fairly standardized, but the process of collecting information and evaluating vendors is time-consuming and uninspiring. While there are any number of thick manuals that describe the best practices for an RFP process, this article may shed light on some 'quick wins' that will enable you to boost the efficiency of your RFP process.
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Among U.S. businesses, Voice over Internet Protocol ('VoIP') is growing in popularity and will continue to do so. In-Stat predicts that two-thirds of U.S. businesses will have some form of VoIP service by 2011. When deciding to use this powerful technology, organizations should look for VoIP providers that offer specific security measures within their product to ensure that the technology is used most effectively ' and virtually without any security concerns.
