Florida Court Rules on Enforceability of “Browsewrap” vs. “Clickwrap” Website Terms and Conditions

Arbitration Mediation

Internet sellers and website designers beware of new law in Florida governing internet sales.  A Florida state appellate court has ruled, in a case of first impression, against enforcing a “browsewrap” agreement and, as an aside, in favor “clickwrap” agreements.  For non-lawyers, the importance of this “case of first impression” means that this decision is now the law across Florida unless and until another appellate court weighs in or the legislature passes a law.  Internet sellers and website designers need to ensure that their sites comply with this new ruling.

 

Read the entire article, the case, and recommended steps at McDonald Hopkins, here.

Arbitration Mediation
Florida Courts Issue Three Arbitration-Related Opinions in November 2018

Florida cases involving disputes over the enforcement of arbitration most frequently arise out of auto sales or long term care facility contracts.  These three cases from late November 2018 fit the bill.  The topics are: waiver of the right to arbitration, parties to the agreement, and severance clauses.  Shamelessly, one …

Clauses from Contracts
Can a Florida Contract Waive Liability for Special, Indirect, Punitive, and Consequential Damages?

According to a new case from the First District, yes.  But be careful relying too heavily on this case of first impression, which may go a little too far without enough authorities. While this is a construction case, these issues apply to ALL business contracts. The case is Keystone Airpark …

Arbitration Mediation
Lessons from Google AdWords Arbitration Clause: Novation, Retroactive Application, Scope

Google’s arbitration and class action waiver provisions in their AdWords agreement provides some lessons for lawyers who draft contracts, particularly ones accepted online and updated via notice, as well as lawyers who litigate over enforcement of arbitration.  The recent case of Mark Trudeau and Troy Martial Arts, Inc. v. Google …