QUESTION
This is just a simple question. Do online terms of service have lmits? Will courts respect terms of service that''re 20k words in length?
Asked on Jun 26th, 2012 on Contracts - Pennsylvania
More details to this question:
My clients don''t have to read the entire terms as not all applies to them, but I''m just curious if the courts will respect terms of service. Clients are required to accept terms with a check box. Their IPs are logged and they can''t order services without accepting the terms. A link to the terms page is provided adjacent to the check box.
1 ANSWER
Business Transactions Attorney serving Los Angeles, CA
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Doland & Fraade
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Short legal questions are rarely as simple as they appear. Accepting by a check box (opting in instead of opting out) increases the chance of enforceability. If the opt in is at the bottom of the terms, even better. I am not licensed in your state, which may have special laws on contracts of "adhesion" (take it or leave it agreements between parties of unequal bargaining power) so local advice beyond my analysis may be required.
Answered on Jun 26th, 2012 at 2:06 PM