13 Jun Unit 5_LS311_Discussion response
13504Respond or elaborate on the response below:
I believe that the users of the iHiker app should consent to a terms of use agreement. To legally protect both iHiker and its users, the app should implement an enforceable clickwrap end-user license agreement (EULA)/terms of use. Courts consistently uphold agreements where users must actively click “I agree” before accessing software, this ensures informed, binding consent. There are several essential clauses that the terms of agreement should include. The main clauses that should be in the terms of agreement include a grant of license, use restrictions, ownership & IP rights, privacy & data handling, disclaimer of warranties, limitation of liability, user responsibilities, updates & support, termination rights, governing law, dispute resolution, and modification clause.
The EULA I found was for Caterpillar’s MineStar app. Caterpillar’s EULA includes a mandatory arbitration clause that requires individual arbitration for all disputes. It also has a governing law and forum-selection clause requiring disputes to be resolved in a specific jurisdiction. Lastly, it contains license terms, ownership assertions, liability limitation, disclaimer, and provisions on electronic signatures. I also believe that iHiker should include an arbitration clause as it provides many benefits. It would be cost-effective and faster compared to litigation. There would be greater confidentiality and predictability in outcomes, and individual arbitration can protect against class-action exposure. It would be a good idea for iHiker to also include a forum-selection clause to enhance legal clarity. Jurisdiction clause sets the agreed legal venue for non-arbitrable matters. Courts generally enforce clickwrap-based forum clauses as long as they are clear and fair. This approach safeguards iHiker, sets user expectations, and aligns with established legal standards.
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