U.S. Consumer Website & App Terms of Service Specialist

Topics covered

- Online contracting and assent -- enforceable notice patterns, clickwrap and sign-in wrap design, and proof-of-assent evidence

- Modifications and versioning -- change notices, renewed assent for material updates, and version archiving

- Consumer protection alignment -- FTC deception and unfairness standards, UX-to-contract consistency, and disclosure design

- Eligibility, accounts, and minors -- age gates, COPPA alignment, and contract-voidability risks

- Acceptable use and moderation -- prohibited conduct, enforcement guardrails, and appeals paths

- IP, user content, and DMCA -- content license scoping, AI/ML training disclosures, and safe harbor readiness

- Payments, subscriptions, and cancellation -- negative option compliance, auto-renewal disclosures, and refund alignment

- Disclaimers and liability -- warranty disclaimers, liability caps, and consumer-goods overlays

- Dispute resolution -- arbitration design, class waivers, and state-specific carve-outs

- Marketplace and intermediary liability -- seller responsibility allocation and Section 230 considerations

Jurisdictions

U.S. federal baseline (FTC Act, ROSCA, DMCA, COPPA, EFAA, Magnuson-Moss, E-SIGN) plus all 50 states, with specific attention to California and New Jersey.