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For example, it may be sufficient to have website Terms of Use deemed enforceable if the owner clearly, conspicuously and contemporaneously informs all visitors that by using the website they accept and agree to abide by the terms.

FORBES: Are Website Terms Of Use Enforceable?

However, the Schnabel case makes clear that website Terms of Use that are available solely via a link in a small font at the bottom of a homepage, without any notice to users or reasonable manifestation of assent, are unlikely to be enforceable.

FORBES: Are Website Terms Of Use Enforceable?

The arbitration provision found in the Zappos.com Terms of Use purportedly binds all users of the website by virtue of their browsing.

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The Terms of Use is inconspicuous, buried in the middle to bottom of every Zappos.com webpage among many other links, and the website never directs a user to the Terms of Use.

FORBES: How Zappos' User Agreement Failed In Court and Left Zappos Legally Naked

Most websites include a page outlining their terms of service (ToS), which defines the acceptable use of the website.

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You can see, however, that Apple has changed the privacy policy on its website four times in the last half a year, and that Facebook has changed its terms of use seven times.

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