Legal Question in Consumer Law in Wisconsin
where is the merger clause in the terms of use for a site like amazon or netflix?
1 Answer from Attorneys
I am not sure what you are referring to, but a merger clause is usually part of a contract which is intended to funnel all previous negotiations and representations into a single "merged" document which then alone represents the agreement of the parties. Typically, a merger clause means that any verbal promises are more or less thrown out the window and are no longer part of the agreement; neither party would subsequently be allowed to use verbal promises, advertising claims, statements made in negotiations, etc., in court against the other party if there later is a dispute. Unfortunately, merger clauses often allow parties to get away with aggressive and deceptive sales techniques and advertising claims, which are more or less forgiven by consumers once they sign such a contract. Such a clause would usually be present in most consumer service agreements. My comments in the public web forum do not make your attorney and I will not be taking any action in your case. Instead, these answers are offered solely for public educational purposes. However, anyone who has additional questions is welcome to call my office in Racine, WI, during normal business hours at 262-633-3090, or see me on the web at www.jayknixonlaw.com.
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