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Ten Things: Website User Agreements

You’re reading through some notes for your meeting with the CEO later today when you get an email from your head of litigation: the company has just been sued for $25 million in a class action in another state’s defendant “hellhole” over some products it sells on its website.  The email says “don’t worry, we should be in good shape because we have a strong user agreement that protects the company in a number of ways from lawsuits like these.”  You’re relieved to read this but then you start thinking —  you’ve never really read your company’s user agreement and you have literally no idea what it says, how it works, or, more importantly, whether is it enforceable.  If this describes you, you’re not alone but don’t worry.  This edition of “Ten Things” will discuss website user agreements and things you can do to understand them and make them as protective and bullet-proof as possible.