Publications

Internet Jurisdiction and Venue

Texas Lawyer
09.03.12

The Internet has changed life forever, and clients are conducting business around the world without a clear understanding of what laws apply or of the venue for resolution of disputes. This article will briefly describe how lawyers can better advise clients regarding Internet jurisdiction and venue.

Website terms of service (ToS): Over the years I have asked folks if they ever read ToS. Generally, my experience is that about 1 percent of people ever bother. Virtually every Internet website involves some contractual relationship between visitors and the site. ToS include restrictions on posting content and spam, limitations on liabilities and damages for the website, and jurisdiction and venue.

Another type of Internet agreement is referred to as a "click agreement" where the website user cannot acquire goods or services without "clicking to agree," which virtually is never read. Most often one can visit a website without a click agreement, but rarely can a user acquire any goods or services without such an agreement.

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The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.

Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.

Operators

AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.

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