Choice of Venue in Software Agreements

By faircontracts / July 28, 2010 / Comments Off on Choice of Venue in Software Agreements

Choice of venue provisions in a warranty, contract, or software agreement may be unenforceable under certain circumstances. Where a software company had already made a contract for the sale of the software and simply included the choice of venue information with the shipment of the software, the Kansas Supreme Court held that it was unenforceable, as…

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Kansas Consumer Law

By faircontracts / June 7, 2010 / Comments Off on Kansas Consumer Law

In Kansas, the mini-FTC act is the Kansas – Deceptive Consumer Sales Act.  Under this legislation, plaintiffs have a cause of action when a ”supplier” defined as; “A seller, lessor, assignor, or other person who regularly engages in or solicits consumer transactions, including soliciting a consumer transaction by using a telephone facsimile machine to transmit…

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