Arguing For The Existence Of God Philosophy Research Paper Help A 10 page-position paper is required that involves the student defending a carefully delimi

Arguing For The Existence Of God Philosophy Research Paper Help A 10 page-position paper is required that involves the student defending a carefully delimited position within the context of an issue germane to the general subject of religion. The specific topic of this paper will be to prove and argue for the existence of God with religious evidence and historical information. The first sentence of your essay must begin with this sentence: “The purpose of my paper is to prove that…” An effective defense will include the following:1) A precise statement of the thesis – i.e., a statement explaining exactly what you aim to reasonably establish.2) Positive argumentation/evidence in support of one’s thesis.3) Argumentation against competing positions.4) Anticipatory response (counter-argumentation) to possible objections to your thesis.It should be clear from the above that the body of your essay should consist virtually entirely of argumentation. The paper must be in proper academic form (12 point font, 10 double spaced pages not including the bibliography) with introductory and conclusion sections, an acceptable referencing format, and bibliography. Massie, Raymond 6/7/2019
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Avoiding Pitfalls in Online Sales to Consumers, Practical Law Practice Note…
Avoiding Pitfalls in Online Sales to Consumers
by Practical Law Commercial Transactions
Maintained • USA (National/Federal)
A Practice Note discussing the common issues manufacturers and retailers face when selling goods and services online to
consumers. This Note describes steps prospective sellers can take to identify and limit common issues in online sales to
consumers, including the avoidance of pitfalls in online contract formation, pricing and payment terms, shipping and handling,
warranties, waivers, telemarketing, New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (TCCWNA), and the
Americans with Disabilities Act (ADA).
Contents
Governing Terms
Binding Consumer to the Terms
Consumer Review Fairness Act
Proper Notice of Terms and Conditions
Clickwrap or Scrollwrap Terms
Warranties
Manufacturer Versus Retailer Warranty
Pre-Sale Availability and Disclosure Rules
Binding Arbitration, Waiver of Jury Trial, and Class Action Waiver
Consumer’s Right to Opt Out
Pitfalls in Payment and Pricing Terms
Pitfalls in Shipping and Handling Terms
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Increasing Claims of Excessive Shipping and Handling Fees in California
Collecting Phone Numbers to Contact Consumers
New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act
New Jersey Supreme Court Holds Plaintiffs Must Suffer Actual Harm
TCCWNA Compliance
Americans with Disabilities Act
Web Content Accessibility Guidelines 2.0 and 2.1
Periodic Review of Governing Terms
As online sales of goods and services continue to erode in-store sales, more businesses are moving to establish an online
presence. The growing number of online sales has also made for a rapidly changing legal environment. This Practice Note
offers guidance on prevalent issues manufacturers and retailers face when selling online.
Governing Terms
A seller who is preparing to launch an online store should have terms in place on its website that reflect its actual practices,
including:
•
Website terms of use. Terms of website use govern the general use and access of a website. The terms do not
necessarily involve the purchase of goods and services. These terms are often designed to protect the website owner,
content on the site, and its service provider from potential liability to site users by:
• prohibiting unauthorized reproduction of material contained on the site; and
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• ensuring the site is not used in ways that may be harmful, including by prohibiting illegal or undesirable user behavior.
•
A privacy policy. Online sellers should have a policy in place that governs the collection, storage, use, and disclosure
of personal information, as online sales typically require, at a minimum, the consumer’s:
• name;
• credit card number, expiration date, and security code (which is considered sensitive information);
• billing address; and
• delivery address.
•
E-commerce terms. These terms and conditions govern the online sale and purchase of goods and services, including
billing procedures, shipping and handling, and return policies (see Standard Documents, Terms and Conditions for
Online Sales by Retailers to Consumers and Terms and Conditions for Online Sales By Manufacturers to Consumers).
Although it is important for online sellers to provide website terms of use and a privacy policy, this Practice Note focuses on
issues that arise regarding e-commerce terms, specific to the sale of goods and services online. For more information on
general website terms and privacy policies, see Standard Documents, Website Terms of Use and Website Privacy Policy:
Drafting Note: Website Privacy Policies.
Binding Consumer to the Terms
A seller should clearly communicate the e-commerce terms to consumers who visit and make purchases by the seller’s online
store. To ensure that terms are legally binding, they must be implemented in a way that forms an enforceable contract
between the site owner and the consumer. To form a contract, the consumer generally must:
•
Have actual or constructive notice of the terms.
•
Affirmatively or impliedly assent to the terms.
Because online sales are generally interpreted as unilateral contracts, courts often look to evidence of mutual assent in
determining their enforceability. Without the opportunity to negotiate the terms, courts have sometimes held that, because the
consumer lacks the necessary element of mutual assent, e-commerce terms constitute an unenforceable contract of adhesion.
In other cases, courts have refused to enforce certain provisions, such as choice of law and choice of forum, because they
were deemed to be unconscionable or against public policy. To increase the likelihood that a court does not deem
e-commerce terms unenforceable, the seller should provide proper notice and use clickwrap or scrollwrap terms to ensure that
the consumer has ample opportunity to manifest acceptance of the terms.
Consumer Review Fairness Act
Regardless of the method of notice used, under the Consumer Review Fairness Act of 2016 (CRFA), which was enacted to
protect consumers who write honest public reviews of products, services, and business conduct, the company should not
include a non-disparagement clause in its terms. The CRFA prohibits companies from including standard contract provisions
that threaten or penalize people for posting honest reviews that fall into any of the above categories. Companies cannot use
clauses that:
•
Bar or restrict a consumer’s ability to review a company’s products, services, or conduct.
•
Impose a penalty or fee on a consumer who gives a review.
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•
Require consumers to give up their intellectual property rights in the content of their reviews.
For more information on the CRFA, see Practice Note, Consumer Reviews in the Era of Social Media: Consumer Review
Fairness Act of 2016.
Proper Notice of Terms and Conditions
Online sellers should be able to demonstrate that the purchaser notices or should notice the terms on the site. There are
several ways to alert the consumer that the transaction is subject to the terms, including:
•
Using prominent and conspicuous language on the site, such as all caps or boldface type.
•
Clearly labeling the terms while avoiding vague language, such as labeling them “Terms of Use,” “Terms of Sale,” or
“Terms of Use and Sale.”
•
Placing the terms in a box the user must scroll through before the user can proceed.
•
Informing the user that the site is governed by the terms, which are then presented to the user in the form of a hyperlink,
which the user must click before they can enter the site.
For more information on providing notice of terms, see Standard Document, Terms and Conditions for Online Sales by
Manufacturers to Consumers: Drafting Note: Online Contract Formation.
Clickwrap or Scrollwrap Terms
Online sellers should use clickwrap or scrollwrap terms to display their website terms of use, privacy policy, and e-commerce
terms and conditions. Clickwrap and scrollwrap terms should be used as opposed to browser terms, because both provide
added measures that have been interpreted by the courts to increase the likelihood of their enforceability.
Browser Terms
Unlike clickwrap and scrollwrap terms, browser terms do not require an affirmative action by the consumer. A user instead is
informed that, by simply using the website, he is agreeing to be bound to the terms. Courts have held browser terms
unenforceable, reasoning that the consumer did not have actual or constructive notice of the terms and therefore could not
have assented to them.
Clickwrap Terms
Unlike browser terms, clickwrap terms require the user to perform an affirmative action before being granted access to the site
or the ability to make an online purchase. Also referred to as click-through terms, clickwrap terms:
•
Require consumers to click an “I Accept” or “I Agree” button or check a box following language indicating they have read
and agree to the terms.
•
Are in close proximity to the “I Accept” or “I Agree” button, such as on the same webpage or in the same pop-up window.
•
Should not allow consumers to access the website or place an order until after they click the button or check the box (if
using a checkbox, it should not be pre-checked).
Courts have generally found that manifesting assent by using clickwrap terms creates an enforceable contact because they
require an affirmative action by the consumer.
Scrollwrap Terms
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Scrollwrap terms are clickwrap terms that also require the user to physically scroll to the bottom of the terms to find the “I
Accept” or “I Agree” button. Courts have generally found that this adds another layer of protection, by ensuring that the user
has had reasonable notice of the terms, allowing the user to assent to the terms, creating an agreement that is even more
likely to be enforceable. The main reason online sellers choose not to use scrollwrap terms is inconvenience. An online seller
should weigh the effect the use of scrollwrap terms may have on traffic to their website and sales against the added protection
scrollwrap terms provide.
Warranties
The Magnuson-Moss Warranty-Federal Trade Commission Act (Magnuson-Moss Act) (15 U.S.C. §§ 2301 to 2312) governs
written warranties on consumer goods. It does not require manufacturers or sellers to offer written warranties on consumer
goods. However, many choose to provide written warranties to give consumers confidence in buying their products or
services. The Magnuson-Moss Act only applies when a business has decided to provide a warranty on a consumer product
(see Practice Note, The Magnuson-Moss Warranty Act for Consumer Goods).
The E-Warranty Act of 2015 (E-Warranty Act) (PL 114-51) amended the Magnuson-Moss Act to:
•
Allow warrantors to satisfy the written warranty requirements by making their written warranties accessible in a digital
format on the manufacturer’s websites.
•
Require that a manufacturer that chooses the website-warranty option to display on the product, packaging, or manual:
• the full website address where the warranty terms can be obtained; and
• a reasonable means of contacting the manufacturer to obtain and review the warranty’s terms, such as the
manufacturer’s phone number or mailing address.
Manufacturer Versus Retailer Warranty
Online manufacturers and retailers often include written warranties within their e-commerce terms. A retailer who sells a
third-party manufacturer’s products on its website generally provides different terms.
Retailers
Although online retailers may choose to offer a warranty, they instead frequently choose to merely pass along the
manufacturer’s warranty obligations to the consumer, disclaiming any warranties regarding the manufacturer’s product,
service, or manufacture (for an example, see Standard Document, Terms and Conditions for Online Sales by Retailers to
Consumers: Section 6).
Manufacturers
If a manufacturer that sells its own products on its website, though not obligated to offer a written warranty, chooses to provide
a warranty, it must comply with:
•
The Magnuson-Moss Act.
•
Federal Trade Commission (FTC) regulations under the Magnuson-Moss Act regarding:
• the disclosure of written consumer product warranty terms and conditions (16 C.F.R. §§ 701.1 to 701.4);
• the pre-sale availability of written warranty terms (16 C.F.R. §§ 702.1 to 702.3); and
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• informal dispute settlement procedures (16 C.F.R. §§ 703.1 to 703.8).
•
Applicable state laws.
The federal rules also generally prohibit warrantors from:
•
Disclaiming or modifying implied warranties (see Standard Document, Terms and Conditions for Online Sales by
Manufacturers to Consumers: Drafting Note: Implied Warranties).
•
Using deceptive warranty terms.
•
Using tie-in sales provisions (see Practice Note, The Magnuson-Moss Warranty Act for Consumer Goods: Using “Tie-In
Sales” Provisions).
If a manufacturer or seller has decided to include a warranty, it must then decide whether to offer a full or limited warranty.
Written warranties on consumer goods that cost more than $10 must be titled either “Full Warranty” or “Limited Warranty.” The
warranty title should be featured clearly and conspicuously at the top of the warranty. A warranty is considered a limited
warranty if it does not meet all the federal minimum standards for a full warranty under the Magnuson-Moss Act. A full
warranty is one that:
•
Provides warranty service to any consumer who owns the product during the warranty period (and is not limited to the
first purchaser).
•
Remedies product defects and malfunctions within a reasonable time and free of charge.
•
Does not impose any limitations on the duration of any implied warranties.
•
Allows the consumer to receive a refund or free replacement if the product is still defective after the manufacturer has
made a reasonable number of attempts to fix it.
•
Does not impose any duty on the consumer as a precondition for using the warranty, other than the duty to notify the
manufacturer of the defect.
(15 U.S.C. § 2304.)
To learn more about the differences in limited and full warranties, see Standard Documents, Limited Consumer Product
Warranty and Full Consumer Product Warranty.
Pre-Sale Availability and Disclosure Rules
Written warranties on consumer products that cost more than $15 must be easy to read and clearly and conspicuously
disclose certain information. The E-Warranty Act changed the FTC’s rules on:
•
Pre-sale availability of written warranty terms (the Pre-Sale Availability Rule) (16 C.F.R. §§ 702.1 to 702.3).
•
Disclosure of written consumer product warranty terms and conditions (the Disclosure Rule) (16 C.F.R. §§ 701.1 to
701.4).
Pre-Sale Availability Rule
The Pre-Sale Availability Rule requires a warrantor to make its warranty available to consumers before they purchase the
covered goods. As amended by the E-Warranty Act, the rule gives online sellers the option of providing warranty terms
exclusively in an accessible digital format on the warrantor’s website, provided that the warrantor also:
•
Informs consumers of how to obtain warranty terms in a clear and conspicuous manner on the product, its packaging, or
its manual, including:
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• the website address where the warranty terms can be reviewed; and
• the phone number, postal address, or other non-digital means for consumers to request a copy of the warranty terms.
•
Provides a hard copy of the warranty terms promptly and free of charge on request by the consumer.
•
Ensures warranty terms posted online are clear, are conspicuous, and remain accessible to consumers.
•
Sufficiently informs consumers of the warranty terms in a way that allows the consumer to readily identify the terms that
apply to the specific warranted product.
(16 C.F.R. § 702.3.)
Disclosure Rule
Before the E-Warranty Act, the Disclosure Rule required warrantors to disclose any limitation on the duration of implied
warranties on the face of the warranty. The E-Warranty Act revised the definition of “on the face of the warranty” to include an
option for a warranty posted online. The new rule allows “on the face of the warranty” to mean:
•
On the first page of the warranty (where the warranty text begins), if the warranty is printed on one or more sheets of
paper or one or more sides of a single sheet of paper.
•
On the page that the warranty text begins on, if the warranty is printed as part of a larger document, such as a use and
care manual.
•
In close proximity to the location where the warranty text begins, if the warranty is on a website or otherwise displayed
electronically.
(16 C.F.R. § 701.1.)
Binding Arbitration, Waiver of Jury Trial, and Class Action Waiver
The Magnuson-Moss Act encourages fair and quick consumer complaint settlements outside of court. Federal law allows
warrantors to set up informal alternative dispute resolution mechanisms as part of their warranties. The alternative dispute
mechanism must comply with several requirements (see Practice Note, The Magnuson-Moss Warranty Act for Consumer
Goods: Alternative Dispute Resolution Mechanisms). Once a warrantor has established a dispute resolution mechanism that
complies with the requirements, consumers must first use that mechanism before they can sue the warrantor for damages
under the Magnuson-Moss Act.
Consumer’s Right to Opt Out
A court may find an arbitration clause unconscionable if it does not offer the consumer party (or the party with less bargaining
power) the right to opt out of the arbitration provision. Unconscionability is a recurring theme in disputes over class arbitration
waivers in consumer contracts, where the contracts are not negotiated at arm’s length and may be contracts of adhesion (see
Standard Document, Terms and Conditions for Online Sales by Retailers to Consumers: Section 12(c) and Standard Clause,
Class Arbitration Waiver (US): Right to Opt Out).
Pitfalls in Payment and Pricing Terms
Established consumer protection principles require that advertisements of price not be false or deceptive. Sellers should
inform their customers of certain terms that may affect the price of the goods, including:
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•
That the prices displayed on their site may differ from those offered by the retailer elsewhere, such as in a physical
store.
•
That the price of the product:
• will be the price in effect at the time the order is placed; and
• does not include taxes or charges for shipping and handling.
•
That price increases only apply to orders placed after price changes.
•
That promotions may be offered that affect product pricing and are governed by separate terms (for more information on
promotion terms and conditions, see Practice Note, Sales Promotions, Contests, and Sweepstakes and Using “Free” in
Advertisements Checklist).
•
Definitions for terms the seller uses to communicate price, such as for “Sale” and “Clearance” items (see Standard
Document, Terms and Conditions for Online Sales by Retailers to Consumers: Section 3(b)).
Seller should also reserve the right to change payment terms in its sole discretion (see Standard Document, Terms and
Conditions for Online Sales by Retailers to Consumers: Section 3(d)).
Pitfalls in Shipping and Handling Terms
Online sellers of…
Purchase answer to see full
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