Assignment

Compare online business "user agreements", then answer the 10 questions below. It is not sufficient to merely list the name of the user agreement. You must explain and support your answers. Keep in mind that this assignment is worth 10 extra credit points. Your answer will require more than one full page.

http://www.etsy.com/help/article/479
http://www.craigslist.org/about/terms.of.use
http://pages.ebay.com/help/policies/user-agreement.html

a) Which one best describes the users obligation to avoid trademark and copyright violations?

b) Which one includes an indemnity clause that would require the user to pay for the website's legal fees if they are sued for the user's content?

c) Which one(s) has an arbitration provision, and where will the arbitration be conducted?

d) For each agreement that has a "choice of law" provision, identify what state law will apply to any dispute?

e) Which one has the best privacy agreement, that will protect your personal contact information and not provide it to other marketers?

f) Find one different clause that is not contained in the other two, describe it purpose and explain why it might cause you to do business with this site or not.

g) What provisions discuss their policy regarding the sale of items that have been banned or recalled by a government agency? What other types of items are identified as illegal to sell?

h) Which one will actually help resolve a dispute between buyers and sellers and which one will not?

i) Which ones disclaim any and all warranties of their service? Is the disclaimer of warranties clear and conspicuous?

j) Which one(s) has an exculpatory clause which attempts to eliminate any claim for damages against them, or limits damages to a set amount (a liquidated damages clause)?