Advertising Law Tool Kit - Tenth Edition | 2022

Venable / 79 For companies drafting terms and conditions that they want to later enforce: • Require affirmative consent to the terms of use with a “click” before the user can make a purchase or download. • Use language manifesting affirmative consent, such as, “Yes, I agree to the terms of use,” at the point of click. • Use a font that is legible on all relevant platform devices (i.e., font sizes must not be so small on a mobile device as to be illegible). • Understand what information should be included in the terms and conditions, and what information must be more prominently visible at the point of sale. • Review how your terms and conditions work together with privacy policies and other sales policies. • Review and update your terms and conditions frequently.