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Expert Analysis

8 Steps To Enforceable Terms Of Use On Mobile Devices

Law360, New York (April 3, 2013, 12:03 PM EDT) -- Companies that deal with consumers over the Internet rely on their website terms of use to control risk through limitation of liability, warranty, forum, arbitration and other important clauses. Some companies require consumers to assent to the terms of use by checking a box or clicking a button. Often, however, companies rely solely on prominent notice that use of the website is governed by terms of use. In these cases, enforceability will turn on a court's determination of whether a reasonable user would have known his or her use of the site was governed by the terms of use....

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