What is this Indemnification Provision in my Contract?

Definition

Indemnification is the action of protecting (someone) by promising to pay for the cost of possible future damage, loss, or injury. In a contract setting, it is a provision where one party promises to pay the costs of potential future liabilities incurred by the other party as a result of some defined set of circumstances that might occur because of the contractual arrangement.

Examples

The most common example of an indemnification agreement is an insurance policy. In an insurance policy contract, […]

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Enforceability of Web-based Terms of Sale

An article by Business Law Today from September talks about the enforceability and use of terms of sale which are based on a website entitled “Do Web-based Terms of Sale Work? Only through Incorporation by Reference”.  When a business engages in a sale they engage in a contract.  Sometimes the buyer signs a written contract, sometimes they affirmatively click through an option which states they agree to the purchase.  However, a contract can be as simple as an agreement that […]

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Resources for Website Compliance with Child On-line Privacy Protection Act

The Small Business Administration has a lot of good resources available for small businesses.  Among those are some guides from the Federal Trade Commission about complying with the Child On-Line Privacy Protection Act (COPPA) originally passed in 2000.

Applicability

COPPA is geared toward operators of commercial web sites directed to children under 13 and which collects personal information from the children, or general audience websites where the operator has actual knowledge that they are collecting information from children.

Requirements

The primary requirements of the […]

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