DO YOUR CONTRACTS AND WEBSITES CONTROL WHERE YOU AND YOUR CUSTOMERS CAN BE SUED?
Forum selection clauses are crucial in controlling where you and your customers can be sued. How you or your customer’s website is designed and intended to be used, can have an impact on whether you can be forced to defend litigation out of state.
Websites can tip the scales as to where a suit may be brought. Courts have drawn distinctions between passive and non-passive websites. A “non-passive” website enables direct sales through the Internet. Whereas, a passive website provides “information but does not allow the visitor to take action and have been deemed insufficient to confer personal jurisdiction under Massachusetts’ long arm statute, particularly when the website is not targeted at the residents of Massachusetts.” Skyworks Solutions, Inc. v. Kinetic Technologies, Inc. et al, (D. Mass. December 30, 2013, O’Toole, J.)(alleged patent infringement case).
When your customers purchase through your website, do you control where you can sue your customers if they become your deadbeats? Do you limit where you could be sued for an alleged breach of contract?
At the Law Offices of Alan M. Cohen LLC, we prepare and review commercial documents that put you in control and attempt to avoid the discretion of the courts. Whether set forth in your credit applications, contracts or websites, our forum selection clauses and business terms offer you control over how and where you will be able to sue to collect your money and where you can be sued.
We help you control your money. If you would like us to review and revise your companies’ contracts contact us for a consultation at (508) 620-6900. Boston trained commercial debt collection attorney — collect your bad debts. For bad debt collection email firstname.lastname@example.org