In 2009, the online policies of Sears, Overstock.com and Blockbuster each came up short.

Alarmingly, there was nothing atypical about the terms, conditions or disclaimers these web sites used, or the manner in which the policies were presented to and accepted by online users. The lessons learned from these companies’ troubles are that material information should be disclosed more prominently and online visitors should affirmatively accept the terms.

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