I'm not a lawyer, nor do I play one on TV-- but that won't stop me!
If I remember correctly, a contract is an agreement between 2
parties. Not dictated by one and shoved down the other's throat.
*gag*
The message that many companies attach to email and to fax
transmissions ("If you received this fax in error, please remember
that you are not permitted to take advantage of any information
contained therein...") seems to me to be a lawyer's attempt to scare
you into not doing anything with any information (say, for example,
an Enron fax slipped out that revealed that they were going belly up,
and you sold your stock just in time...).
I don't know if it's legally binding, but you're supposed to be too
scared to try anything!!
There's also a legal precedent that allows you to do anything with
something you receive-- if someone mails you something you did not
order, you are allowed to consider it a gift; you are under no
obligation to pay for it! All those cards, calendars, and mailing
labels you receive are free; you don't need to send a donation!
I'd think that the same would apply to anything you receive in email or by fax!
--Paul E Musselman
PaulMmn_at_ix.netcom.nospam.com
>First shrink-wrap software licenses, now this?
>Can reading an email really be construed as agreeing to this sort of a
>contract? Putting the legalese about "by accepting and reviewing..." at
>the *bottom* of the email is in effect saying "If you've read this far,
>you've already agreed to our terms" This seems shady at best!
>
>On Wed, 20 Feb 2002 01:01:23 -0500
>Robert.J.Watkins_at_Flagstar.com wrote:
>
>> This correspondence may contain information that is confidential,
>> proprietary or "non-public personal information", as that term is defined
>> in the Gramm-Leach-Bliley Act (collectively, "Confidential Information").
>> The Confidential Information is disclosed conditioned upon your agreement
>> that you will treat all Confidential Information confidentially and in
>> accordance with applicable law, ensure that such information is not used
>> or disclosed except for the limited purpose for which it is being provided
>> and will notify and cooperate with Flagstar Bank regarding any requested
>> disclosure or any unauthorized disclosure or use of any Confidential
>> Information. By accepting and reviewing the Confidential Information you
>> agree to indemnify Flagstar Bank against any losses or expenses, including
>> attorney's fees that Flagstar Bank may incur as a result of any
>> unauthorized use or disclosure of the Confidential Information due to your
>> acts or omissions. If this correspondence is received by a party other
>> than the intended recipient, you are requested to immediately notify us of
>> the erroneous delivery and return to us all information so delivered.
>
>--
>If puns are outlawed, only outlaws will have puns.
>
>Will Reinhart
>blue-dragon_at_tamu.edu
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