Non-Disparagement Clauses – Don’t let the small print scare you

Digital Law Group

kleargearSo you bought a product online.  Maybe it didn’t arrive.  Maybe it didn’t work.  Maybe it wasn’t what you bargained for.  So you repeatedly called or emailed customer service and didn’t get a response and now you’re mad.  What to do?

Point in case: John Palmer of Salt Lake City placed a $20.00 online order with KlearGear.com. When the order did not arrive in a timely manner he contacted the company but could not get a response.  KlearGear.com eventually cancelled his order without explanation.  After the incident, Palmer’s wife decided to let their fellow Internet shoppers know that buyers should beware when shopping at Kleargear.com by posting a negative report on ripoffreport.com.  Three years later, KlearGear.com informed the Palmers that they had violated a non-disparagement clause hidden in the “small print” Terms of Use (that no one ever reads before clicking “yes” when buying something online). KlearGear.com…

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