- BLOG -


501 Boylston Street, 10th Floor

Boston, MA 02116




Massachusetts Court Says Online Terms of Service May Not Form Binding Contracts with Users

Massachusetts Court Says Online Terms of Service May Not Form Binding Contracts with Users

January 12, 2021 at 3:47 PM - online agreements,

Last week, the Massachusetts Supreme Judicial Court (SJC) issued a decision (Kauders v. Uber Technologies, Inc.) with serious implications regarding the enforceability of online agreements in the Commonwealth. This decision represents the first time the SJC has considered a substantive contract formation issue within the context of online agreements. By concluding that online contracts must meet the same standards of formation that exist for traditional contracts under MA law, the SJC’s decision will effectively require companies to reevaluate the way they present terms of service on website and mobile applications, if they wish for them to be enforceable in MA.

Continue Reading
5 Steps for Increasing the Enforceability of Online Agreements

5 Steps for Increasing the Enforceability of Online Agreements

November 16, 2020 at 5:01 PM - online agreements,

Online agreements, often referred to as “Terms of Use” or “Terms of Service,” have increasingly become standard practice for most companies doing business through a website. Although these agreements are designed to insulate companies from liability with respect to customers and users, not all online agreements are created equal. In fact, even the most detailed agreements can fail to protect companies from liability if the provisions are found to be unenforceable. A recently published white paper on the enforceability of online agreements actually found a direct correlation between form and enforceability[1].

Continue Reading

Subscribe to our Blog

Popular Posts

This publication should not be construed as legal advice or a legal opinion on any specific facts or circumstances nor an offer to represent you. It is not intended to create, and receipt does not constitute, an attorney-client relationship. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal questions you may have. Pursuant to applicable rules of professional conduct, portions of this publication may constitute Attorney Advertising.

Outside GC is an innovative approach to legal services for growing and mature businesses. Companies who engage Outside GC fall into two main categories: (1) those without in-house counsel who need regular, on-going legal support but do not wish to hire a full-time in-house lawyer, and (2) those with in-house counsel who do not wish to add more full-time resources to their existing in-house staff. Contact us to speak to one of our on-demand attorneys.