Archer & Greiner, P.C.: Legal Risks and Contract Loopholes in Their Terms & Conditions | Erayaha

When Legal Precision Matters: Archer & Greiner, P.C.'s Terms & Conditions Under the Microscope

Imagine facing a $2 million class action lawsuit or a GDPR fine of up to €20 million—all due to overlooked language in your website’s Terms & Conditions. Our analysis of Archer & Greiner, P.C.'s legal framework exposes several high-stakes risks that could result in substantial financial and reputational damage if left unaddressed.

1. Overbroad License Grant for User Content Archer’s current terms grant the company an unrestricted, irrevocable, royalty-free, worldwide license to user content, with the right to sublicense and exploit in any manner. This sweeping license may be unenforceable under privacy and copyright law, and exposes Archer to claims under the Digital Millennium Copyright Act (DMCA) and state right-of-publicity statutes. The lack of clear limitations or opt-out mechanisms could result in statutory damages of $150,000 per work infringed and significant reputational harm.

Legal Analysis

high Risk

Removed

Added

When you post contentUser Content on the Site, such as questions or comments in the customer discussions portion of the Site, or provide content to Archer, including without limitation via our social media pages and accounts such as Facebook, Twitter and LinkedIn, (excluding any such content that is part of non-public, attorney-client communications made though our Service (e.g., uploading documents via our client portal), (collectively, “User Content”), it belongs to you; however, you grant permission to Archer to use that retain ownership of your content. By submitting User Content in connection with our Site and Services. Accordingly, you grant Archer a non-exclusive, unrestrictedlimited, irrevocablerevocable, royalty-free, freely transferable, sublicensable, worldwide right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of anydistribute your User Content and derivative works thereof, for any purpose whatsoeversolely in all formats, on or through any means or medium now known or hereafter developed, andconnection with any technology or devices now known or hereafter developed,operating and to advertise, market, and promotepromoting the sameSite and Services, all without any obligationsubject to you not required byyour privacy rights and applicable law. Archer will not sell, explicit terms of our Privacy Policysublicense, or applicable additional termsotherwise commercially exploit User Content without your explicit consent, except as required to provide the Site and Services.

Legal Explanation

The original clause is overly broad and may be unenforceable under copyright and privacy law, exposing Archer to statutory damages and user claims. The revision narrows the license scope, aligns with DMCA and right-of-publicity requirements, and adds user protections.

2. Unilateral Modification of Terms Without Notice The Terms allow Archer to update the agreement at any time without notice, binding users to new terms simply by continued use. This practice is widely considered unenforceable in many jurisdictions, including under the FTC’s guidance on unfair contract terms. It creates a risk of class action litigation, with potential defense costs exceeding $500,000 and regulatory scrutiny.

Legal Analysis

high Risk

Removed

Added

Archer, PC (“Archer,” “us” or “we”), makes its website, www.archerlaw.com (the “Site”) and its services (the “Services”) available to you subject to the following Terms of Use (“Terms”), which may be updated by Archer from time to time withoutwith reasonable advance notice to users via email or prominent notice on the Site. Your permission tocontinued use ourof the Site and Service is conditioned on compliance with theseafter such notice constitutes acceptance of the updated Terms and subject to suspension or revocation by us.

Legal Explanation

Unilateral modification without notice is generally unenforceable and may be considered unfair under FTC guidance and state consumer protection laws. The revision introduces a notice requirement, enhancing enforceability and reducing litigation risk.

3. Limitation of Liability Clause Potentially Unenforceable The limitation of liability clause attempts to exclude all consequential damages, even for gross negligence or willful misconduct. Courts in New Jersey and other jurisdictions routinely strike down such overbroad exclusions, especially where consumer rights are implicated. Invalidating this clause could expose Archer to uncapped damages, including punitive awards in excess of $5 million in a worst-case scenario.

Legal Analysis

critical Risk

Removed

Added

Under no circumstances shallTo the fullest extent permitted by applicable law, Archer, its affiliates, or itsand licensors shall not be liable for any consequential damages (including, without limitation, indirect, punitive, incidental or, special damages, damages for loss of profitsconsequential, goodwill, use, data or other intangible losses (even if Archer has been advisedpunitive damages arising out of or relating to the possibility of such damages) including, without limitation, any that result from: (i) the use of, or inability to use, the Site; (ii) your reliance on advice, information, or other content on the Site; (iii) the costexcept in cases of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the Site; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the Site; or (vi) any other material relating to the Site. This limitation applies whether the alleged liability is based on contract, tort,gross negligence, strict liabilitywillful misconduct, or any other basis, even if Archer has been advised of the possibility ofwhere such damagelimitation is prohibited by law. Because someIn jurisdictions that do not allow the exclusion or limitation of incidental or consequentialcertain damages, Archer’s liability in such jurisdictions shall be limited to the maximum extent permitted by law.

Legal Explanation

The original clause attempts to exclude liability even for gross negligence or willful misconduct, which is unenforceable in many jurisdictions. The revision carves out exceptions and clarifies limitations, improving enforceability and reducing exposure to uncapped damages.

4. Incomplete Privacy Policy Reference and Data Use Disclosure The Terms reference a Privacy Policy via a placeholder link (“[INSERT LINK]”), failing to provide users with actual notice of data practices. This omission creates a compliance gap under GDPR, CCPA, and state consumer protection laws, risking regulatory fines up to 4% of annual global turnover and class action exposure.

Legal Analysis

high Risk

Removed

Added

Any information, including personal information (e.g., your name, address, telephone number, e-mail address), that you transmit to the Site will be used by us in accordance with our Privacy Policy, which can be found hereis available at [INSERT LINKinsert actual URL]. Our data practices comply with applicable privacy laws, including GDPR and CCPA, and users will be notified of any material changes to the Privacy Policy.

Legal Explanation

Failure to provide an actual Privacy Policy link and explicit compliance statement creates a regulatory compliance gap and exposes Archer to fines under GDPR, CCPA, and state laws. The revision ensures users receive actual notice and clarifies compliance obligations.

---

Conclusion: Proactive Legal Risk Management is Essential Our examination reveals that even sophisticated legal organizations can overlook critical enforceability and compliance issues in their online terms. These gaps could result in multi-million dollar liabilities, regulatory investigations, and lasting reputational harm. Proactive redlining and regular legal review are essential to mitigate these risks.

How often does your organization audit its online terms for regulatory compliance?
Are your limitation of liability and data use disclosures enforceable in all relevant jurisdictions?
What is your plan for rapid remediation if a regulatory investigation is triggered?

**This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.**