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Drafting Terms of Use for Websites and Mobile Apps: A Guide for 2025

2025-02-05 14:00:00

1.5 hours

2025-02-05 14:00:00

1.5 Credits

Comprehensive guide to drafting enforceable website and mobile app terms of use, covering wrap agreements, key provisions, and 2025 regulatory requirements.

2025-02-05 14:00:00

1.5 hours

Comprehensive guide to drafting enforceable website and mobile app terms of use, covering wrap agreements, key provisions, and 2025 regulatory requirements.

2025-02-05 14:00:00

1.5 hours

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn contract formation principles, wrap agreement enforceability, key provisions, negative option requirements, and best practices for drafting enforceable terms of use.

What will you gain

Attorneys will gain practical guidance on creating terms of use that serve as an effective legal shield for websites and mobile applications.

Wrap Agreements
Understand browser wrap, click wrap, scroll wrap, and sign-in wrap enforceability factors.
Contract Formation
Learn notice, proximity, and consent requirements for valid user agreement acceptance.
Negative Options
Navigate FTC subscription rules including click-to-cancel and disclosure requirements.
Mobile Apps
Address app store requirements, licensing terms, and small screen consent challenges.
Key Provisions
Draft user accounts, content moderation, IP ownership, and anti-scraping provisions.
Modification Rights
Avoid unlimited modification clauses that undermine contract formation and enforceability.

What will you learn

Attorneys will learn contract formation principles, wrap agreement enforceability, key provisions, negative option requirements, and best practices for drafting enforceable terms of use.

What will you gain

Attorneys will gain practical guidance on creating terms of use that serve as an effective legal shield for websites and mobile applications.

Agenda

Session 1

Terms of Use Fundamentals for Digital Platforms

Session 2

Drafting for Legal Compliance and Enforceability

Session 3

Mid-Program Break and Networking Opportunity

Session 4

Essential Provisions Every Terms Agreement Needs

Session 5

Best Practices and Common Pitfalls to Avoid

clock 2:00 pm - 2:15 pm EST

Terms of Use Fundamentals for Digital Platforms

Julia B. Jacobson

Squire Patton Boggs

Kyle R. Dull

Squire Patton Boggs

This session introduces the essential purpose and structure of terms of use agreements for websites and mobile applications. Participants will explore how traditional contract formation principles—including offer, acceptance, and legal capacity—apply in digital environments, along with considerations for geographic restrictions and jurisdictional scope.

Julia B. Jacobson

Squire Patton Boggs

Kyle R. Dull

Squire Patton Boggs

clock 2:15 pm - 3:00 pm EST

Drafting for Legal Compliance and Enforceability

Julia B. Jacobson

Squire Patton Boggs

Kyle R. Dull

Squire Patton Boggs

A comprehensive examination of the regulatory landscape affecting digital terms of use, covering privacy and cybersecurity laws, intellectual property protections including DMCA and CDA, and consumer protection requirements. The session also addresses emerging AI disclosure obligations, dark patterns legislation, negative option rules, accessibility considerations, and special requirements for mobile applications and app store compliance.

Julia B. Jacobson

Squire Patton Boggs

Kyle R. Dull

Squire Patton Boggs

clock 3:00 pm - 3:10 pm EST

Mid-Program Break and Networking Opportunity

Julia B. Jacobson

Squire Patton Boggs

Kyle R. Dull

Squire Patton Boggs

A brief intermission allowing participants to refresh and reflect on the compliance frameworks covered. This break provides an opportunity to formulate questions for the remaining practical sessions.

Julia B. Jacobson

Squire Patton Boggs

Kyle R. Dull

Squire Patton Boggs

clock 3:10 pm - 3:20 pm EST

Essential Provisions Every Terms Agreement Needs

Julia B. Jacobson

Squire Patton Boggs

Kyle R. Dull

Squire Patton Boggs

This session examines critical contractual provisions including the enforceability differences between clickwrap and browsewrap agreements, user content liability and moderation policies, and prohibited use clauses. Participants will also learn about structuring effective limitations of liability, indemnification clauses, warranty disclaimers, dispute resolution mechanisms, and amendment provisions that withstand legal scrutiny.

Julia B. Jacobson

Squire Patton Boggs

Kyle R. Dull

Squire Patton Boggs

clock 3:20 pm - 3:40 pm EST

Best Practices and Common Pitfalls to Avoid

Julia B. Jacobson

Squire Patton Boggs

Kyle R. Dull

Squire Patton Boggs

The concluding session delivers actionable guidance on optimizing acceptance and consent mechanisms, emphasizing that process is as important as substance for enforceability. Attendees will learn to identify common traps—such as unlimited modification clauses and excessive click-through requirements—and develop strategies for monitoring regulatory changes and maintaining compliant terms over time.

Julia B. Jacobson

Squire Patton Boggs

Kyle R. Dull

Squire Patton Boggs

01 05
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Julia B. Jacobson

Squire Patton Boggs

Kyle R. Dull

Squire Patton Boggs

Julia B. Jacobson

Squire Patton Boggs

Julia B. Jacobson is a seasoned privacy and cybersecurity partner whose practice spans the full lifecycle of data risk — from proactive compliance program design and technology contracting to breach response and regulatory enforcement. With more than two decades of experience advising national and multinational organizations, she brings exceptional practical depth to some of the most consequential issues facing businesses today: AI governance, cross-border data transfers, vendor risk management, digital advertising compliance, and the rapidly expanding landscape of U.S. state privacy law. Her clients range from B2B and B2C technology providers to manufacturers, retailers, and organizations in the highly regulated financial services, health, and health tech sectors.

Education & Credentials

Julia holds an LL.M. and a J.D., both from Boston University School of Law (2001 and 1999, respectively), and a Bachelor of Arts from the University of Michigan (1988). She is admitted to practice in Massachusetts. Julia is also a Fellow of Information Privacy with the International Association of Privacy Professionals (IAPP), holding both the CIPP/US and CIPM certifications, and earned a Data Ethics Certificate from the Data Institute at the University of San Francisco in 2021.

Recognition & Leadership

Julia is a recognized leader in her field across multiple professional organizations. She serves on the Board of Directors of iTechLaw and co-chaired the organization's 2022 World Technology Law Conference. She co-chairs the Boston chapter of the IAPP KnowledgeNet and sits on the Privacy, Cybersecurity & Digital Law Steering Committee of the Boston Bar Association. She has moderated panels at the IAPP Global Privacy Summit and presented at premier industry forums including the ANA Masters of Advertising Law Conference, the RSA Conference, Compliance Week's Cyber Risk & Data Privacy Summit, and the ABA Business Law Fall Meeting, among many others.

Professional Involvement

Julia is a prolific author and speaker, contributing regularly to leading publications including Bloomberg Law, OneTrust DataGuidance, Legal Tech News, and Competition Policy International. She has co-authored pieces on AI policy, dark patterns, state consumer privacy laws, and ESG risk, and has presented hundreds of CLE programs for organizations including Strafford, myLawCLE, the Federal Bar Association, the American Bar Association, and the Boston Bar Association. She also serves as the data breach coach for a number of national and international clients, providing hands-on guidance when incidents occur.

Experience

Julia's practice operates across three interconnected pillars. In privacy, cybersecurity, and incident response, she advises clients on privacy notices, policies, and procedures; privacy risk assessments; data sharing and licensing transactions; consumer rights requests; and the privacy and cybersecurity dimensions of AI and emerging technology deployment. She has particular depth in cross-border data transfers, proactive cybersecurity risk management, and assessing whether security practices meet the "reasonable" standard under applicable law. In technology transactions and AI, she draws on 20+ years of experience to negotiate complex technology agreements, develop vendor screening tools, and counsel clients on balancing risk and opportunity in machine learning and AI contexts. In marketing and promotions, she advises brands, agencies, and marketing technology providers on mobile marketing, email and telemarketing compliance, sweepstakes and contests, digital advertising, co-branding, and commercial co-venture agreements — with an increasing focus on data ethics and stakeholder-centered data practices.

Julia B. Jacobson

Squire Patton Boggs

Julia B. Jacobson is a seasoned privacy and cybersecurity partner whose practice spans the full lifecycle of data risk — from proactive compliance program design and technology contracting to breach response and regulatory enforcement. With more than two decades of experience advising national and multinational organizations, she brings exceptional practical depth to some of the most consequential issues facing businesses today: AI governance, cross-border data transfers, vendor risk management, digital advertising compliance, and the rapidly expanding landscape of U.S. state privacy law. Her clients range from B2B and B2C technology providers to manufacturers, retailers, and organizations in the highly regulated financial services, health, and health tech sectors.

Education & Credentials

Julia holds an LL.M. and a J.D., both from Boston University School of Law (2001 and 1999, respectively), and a Bachelor of Arts from the University of Michigan (1988). She is admitted to practice in Massachusetts. Julia is also a Fellow of Information Privacy with the International Association of Privacy Professionals (IAPP), holding both the CIPP/US and CIPM certifications, and earned a Data Ethics Certificate from the Data Institute at the University of San Francisco in 2021.

Recognition & Leadership

Julia is a recognized leader in her field across multiple professional organizations. She serves on the Board of Directors of iTechLaw and co-chaired the organization's 2022 World Technology Law Conference. She co-chairs the Boston chapter of the IAPP KnowledgeNet and sits on the Privacy, Cybersecurity & Digital Law Steering Committee of the Boston Bar Association. She has moderated panels at the IAPP Global Privacy Summit and presented at premier industry forums including the ANA Masters of Advertising Law Conference, the RSA Conference, Compliance Week's Cyber Risk & Data Privacy Summit, and the ABA Business Law Fall Meeting, among many others.

Professional Involvement

Julia is a prolific author and speaker, contributing regularly to leading publications including Bloomberg Law, OneTrust DataGuidance, Legal Tech News, and Competition Policy International. She has co-authored pieces on AI policy, dark patterns, state consumer privacy laws, and ESG risk, and has presented hundreds of CLE programs for organizations including Strafford, myLawCLE, the Federal Bar Association, the American Bar Association, and the Boston Bar Association. She also serves as the data breach coach for a number of national and international clients, providing hands-on guidance when incidents occur.

Experience

Julia's practice operates across three interconnected pillars. In privacy, cybersecurity, and incident response, she advises clients on privacy notices, policies, and procedures; privacy risk assessments; data sharing and licensing transactions; consumer rights requests; and the privacy and cybersecurity dimensions of AI and emerging technology deployment. She has particular depth in cross-border data transfers, proactive cybersecurity risk management, and assessing whether security practices meet the "reasonable" standard under applicable law. In technology transactions and AI, she draws on 20+ years of experience to negotiate complex technology agreements, develop vendor screening tools, and counsel clients on balancing risk and opportunity in machine learning and AI contexts. In marketing and promotions, she advises brands, agencies, and marketing technology providers on mobile marketing, email and telemarketing compliance, sweepstakes and contests, digital advertising, co-branding, and commercial co-venture agreements — with an increasing focus on data ethics and stakeholder-centered data practices.

Kyle R. Dull

Squire Patton Boggs

Kyle Dull is a senior associate in the Data Privacy, Cybersecurity & Digital Assets Practice who provides strategic counsel to companies navigating domestic and international privacy laws, consumer protection laws, and advertising and marketing regulations using his experience as a former enforcement lawyer.

Education & Credentials

Certified Information Privacy Professional (IAPP CIPP/US)

Professional Involvement

Former member of the Florida Bar Association's Consumer Protection Law Committee and Data Privacy & Cybersecurity Subcommittee. Two-term adviser to Law360's Consumer Protection Committee.

Experience

Former enforcement lawyer with tenure at the Florida Attorney General's Consumer Protection Division where he launched key investigations concerning unfair and deceptive data practices, geolocation tracking, claim substantiation, children's privacy, and marketing claims. He has a proven track record in investigating and litigating complex matters and provides counsel on regulatory enforcement, high-stakes disputes with government agencies, privacy and marketing compliance programs, and novel marketing strategies for retail and e-tail businesses. He drafts and negotiates licensing, joint venture, and data sharing agreements.

Plans

Proven CLE solutions for every legal professional

Access type Individual Purchase Basic Premium Most Popular Corporate CLE Plan
Price
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
$395/year
One-time purchase
Custom
based on firm size
Access type Pay per class Unlimited annual access Unlimited access for all firm members
Number of Available Webinars 1 1,000+ 1,000+
Number of New Webinars Added Yearly Limited 500+ 500+
Earn "Live" CLE credit Included Included Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included Included Included
Attend "Live" Re-Broadcasts Included Included Included
Exclusive Partner Webinars & Events Included Included
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of Bias, etc.)
Included Included
Instant Certificates After Completion Included Included
Personalized CLE Platform Included Included
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Individual Purchase
Basic
Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

Why Attend

Why this 
program matters

Mastering terms of use and digital contract law protects businesses from unenforceable agreements and regulatory penalties in the increasingly complex online marketplace.
$2.5B
FTC settlement amount against Amazon for deceptive Prime subscription enrollment and cancellation practices in 2025.
70
Percentage of daily FTC consumer complaints in 2024 related to subscription cancellation issues, up from 42 per day in 2021.
14%
Court enforcement success rate for browsewrap agreements compared to 70% for clickwrap agreements.
20
Number of U.S. states that have enacted comprehensive consumer privacy laws regulating dark patterns in digital interfaces.

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Attend expert-led sessions in real time and earn accredited CLE credit from anywhere.
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Deep-dive training programs designed to build advanced, practical legal skills fast.

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Requirements

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