Question: SCENARIO: Marcus, feeling itsed out from work, decided to search for a meditation app for his phone that would help him rolex during the day.



SCENARIO: Marcus, feeling itsed out from work, decided to search for a meditation app for his phone that would help him rolex during the day. One app, Calm Down, appeared to be promising. It didn't have any reviews yet and looked to be a brand new app, so he decided to try it out. He downloaded the app to his phone and opened it up. The first required he enter in his name and email address. At the very bottom of the screen it had some small writing, but Marees didn't notice it and hit the continue button ***** Calm Down 100% 9:41 AM Calm Downe Name Email Address CONTINUE By continuing to use this app arrestohide by the terms of service provided at CORDS Had Marcus clicked on the link at the bottom of the screen, he would have seen the following: Calm Down 9:41 AM NOON Terms of Use 1. Any controversy or claim arising out of or relating to the purchase or use of the Calm Down app, shall be settled by arbitration. The number of arbitrators shall be one The place of arbitration shall be Fairbanks, Alaska. The arbitrator's ward shall be final and binding han fet urposether than Eier 2. User may not distribute any content on this app for any purpose other than individuale 3.User aprees to allow Cambown to harvest information for sale to third parties 4. Uur pees to use the app at their own risk. Comown hall not be liable for damages arising out of use of the app S.User may terminate the account by sending an email to The second screen stated Three day trial vexion Free! $59.99 annual fee thereafter. Marcus was annoyed that the app would cost him almost so but figured he would te reminder on his phone to cancel the app before the trial period expired so he wouldn't get charged. Plos, he wanted to see the app in action. If it was actually worth the price, har wouldn't mind paying the annual fee. He dicked "Continue and put in his bank card information on the next screen. The following screen asked Marcus of questions about his stress level and what he felt caused stress in his life. He clicked 'high' and work is the love and cause. He then completed the first Calm Down meditation in the app, but not impressed with ita functionality, Deciding he would cancel his subreption immediately, he went into the profile settings to try to find the cancel option but couldn't. He searched every possible place on the app but didn't see a way to cancel the subscription. Marcus decided to try to find the app's developer through their website, but a quick anarch didn't tum up anything Already stressed and becoming more frustrated, Marcus decided to contact the app store. They informed him that he should be able to go into his app More account and cancel the mubacription there. However, when Minreus went there, he didn't see the app as an option or as a tabacription. Thinking that may be his subscription didn't process, he just deleted the app from his phone Marcus didn't give the app of the subscription any more thought, becoming to creasingly more distracted by the amount of stress at work. Four months later, Marcus was looking at his bank account online and noticed it was lower than it should have been. He began reviewing the charges and noticed multiple charges for $99.99 to a merchant med CD He immediately remembered the app and contacted his bank to dispute the charges. His bank replied that due to the charges being debit withdraws he needed to dispute them within a days of being made. Moreover, if he had been diligent about watching his second, they could have put a block on the account and the remaining trodeleo charge would have been prevented. The bank representative also told him that he should try to get a refund from the company that charged him. After making his case with the bank representative for several hours about how he tried to cancel his subscription, he was unsuccessful. The bank's representative was able to provide Marcus a phone number attached to the Merchant account, but when Marcos called the number it was disconnected. The bank could not provide him with any additional information och us a company address or website After more internet searching Marcus saw a number of other complaints online about the app, and noticed it had been removed from the app store and was no longer available for download. Marcus decided to bring an action against the company for fred, breach of contract, conversion, and several other claims in his home state of Vermont Discussion Questions Discussion Questions Answer each of the following questions in 35 sentences 1. If a company develop an app for sale, should they le abject to the jurisdiction of every court acron the country? Why or Why not? 2.1f the small print at the bottom of the first screen stated, "Why continuing to use this app, user agree to abide by the terms of service provided at www.tazoskupp.com" webolte not easily found through an internet search and which contains nothing other than the term) should Mareas or other conry be held to those tomu? 3. What benefits are there for a company that requires its customers to submit to arbitration agreements as opposed to litigation? What are the disadvantages) 4. Should the bank or the app store be required to do more due diligence on companies using their services to sell a product, limiting the offerings of companies who do not us their screening, or should they only provide a platform for commerce to take place and allow the market to monitor companies? 4. Should the bank or the app store be required to do more due diligence on companies using their services to sell a product, limiting the offering of companies who do not pa their screening, or should they only provide a platform for commeren to take place and allow the market to monitor companies? SCENARIO: Marcus, feeling itsed out from work, decided to search for a meditation app for his phone that would help him rolex during the day. One app, Calm Down, appeared to be promising. It didn't have any reviews yet and looked to be a brand new app, so he decided to try it out. He downloaded the app to his phone and opened it up. The first required he enter in his name and email address. At the very bottom of the screen it had some small writing, but Marees didn't notice it and hit the continue button ***** Calm Down 100% 9:41 AM Calm Downe Name Email Address CONTINUE By continuing to use this app arrestohide by the terms of service provided at CORDS Had Marcus clicked on the link at the bottom of the screen, he would have seen the following: Calm Down 9:41 AM NOON Terms of Use 1. Any controversy or claim arising out of or relating to the purchase or use of the Calm Down app, shall be settled by arbitration. The number of arbitrators shall be one The place of arbitration shall be Fairbanks, Alaska. The arbitrator's ward shall be final and binding han fet urposether than Eier 2. User may not distribute any content on this app for any purpose other than individuale 3.User aprees to allow Cambown to harvest information for sale to third parties 4. Uur pees to use the app at their own risk. Comown hall not be liable for damages arising out of use of the app S.User may terminate the account by sending an email to The second screen stated Three day trial vexion Free! $59.99 annual fee thereafter. Marcus was annoyed that the app would cost him almost so but figured he would te reminder on his phone to cancel the app before the trial period expired so he wouldn't get charged. Plos, he wanted to see the app in action. If it was actually worth the price, har wouldn't mind paying the annual fee. He dicked "Continue and put in his bank card information on the next screen. The following screen asked Marcus of questions about his stress level and what he felt caused stress in his life. He clicked 'high' and work is the love and cause. He then completed the first Calm Down meditation in the app, but not impressed with ita functionality, Deciding he would cancel his subreption immediately, he went into the profile settings to try to find the cancel option but couldn't. He searched every possible place on the app but didn't see a way to cancel the subscription. Marcus decided to try to find the app's developer through their website, but a quick anarch didn't tum up anything Already stressed and becoming more frustrated, Marcus decided to contact the app store. They informed him that he should be able to go into his app More account and cancel the mubacription there. However, when Minreus went there, he didn't see the app as an option or as a tabacription. Thinking that may be his subscription didn't process, he just deleted the app from his phone Marcus didn't give the app of the subscription any more thought, becoming to creasingly more distracted by the amount of stress at work. Four months later, Marcus was looking at his bank account online and noticed it was lower than it should have been. He began reviewing the charges and noticed multiple charges for $99.99 to a merchant med CD He immediately remembered the app and contacted his bank to dispute the charges. His bank replied that due to the charges being debit withdraws he needed to dispute them within a days of being made. Moreover, if he had been diligent about watching his second, they could have put a block on the account and the remaining trodeleo charge would have been prevented. The bank representative also told him that he should try to get a refund from the company that charged him. After making his case with the bank representative for several hours about how he tried to cancel his subscription, he was unsuccessful. The bank's representative was able to provide Marcus a phone number attached to the Merchant account, but when Marcos called the number it was disconnected. The bank could not provide him with any additional information och us a company address or website After more internet searching Marcus saw a number of other complaints online about the app, and noticed it had been removed from the app store and was no longer available for download. Marcus decided to bring an action against the company for fred, breach of contract, conversion, and several other claims in his home state of Vermont Discussion Questions Discussion Questions Answer each of the following questions in 35 sentences 1. If a company develop an app for sale, should they le abject to the jurisdiction of every court acron the country? Why or Why not? 2.1f the small print at the bottom of the first screen stated, "Why continuing to use this app, user agree to abide by the terms of service provided at www.tazoskupp.com" webolte not easily found through an internet search and which contains nothing other than the term) should Mareas or other conry be held to those tomu? 3. What benefits are there for a company that requires its customers to submit to arbitration agreements as opposed to litigation? What are the disadvantages) 4. Should the bank or the app store be required to do more due diligence on companies using their services to sell a product, limiting the offerings of companies who do not us their screening, or should they only provide a platform for commerce to take place and allow the market to monitor companies? 4. Should the bank or the app store be required to do more due diligence on companies using their services to sell a product, limiting the offering of companies who do not pa their screening, or should they only provide a platform for commeren to take place and allow the market to monitor companies
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