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website terms of service

Terms of service are the legal agreements between the provider of a service—such as a website—and the users of the service. When a user is given proper notice of these terms and agrees to or accepts the terms by some affirmative act, such as continuing to use the service or ticking a box to indicate agreement, the parties form an enforceable contract regarding the user’s use or purchase of the product or service. Terms of service are also commonly referred to as terms of use, terms and conditions, or abbreviated as TOS or T&C.

In Oregon, as in other states, terms of service (TOS), also known as terms of use or terms and conditions, are considered legally binding contracts between a service provider and the user, provided that certain conditions are met. For the contract to be enforceable, the user must be given proper notice of the terms and must agree to these terms through an affirmative act, such as clicking a checkbox that indicates agreement or continuing to use the service. This process is often referred to as 'clickwrap' or 'browsewrap' depending on how the user's acceptance is obtained. Oregon courts generally follow federal law and the principles of contract law when determining the enforceability of these online agreements. However, specific terms within a TOS may be challenged and found unenforceable if they are deemed unconscionable, not clearly presented to the user, or in violation of state or federal law.

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website terms of service

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website terms of service

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