Since Google announced its release of the software development kit for Android-powered wearables last month, the shower of interest has turned into a veritable deluge. App developers across the globe are caught up in the storm. Why? The components used for wearable devices have gotten little and inexpensive and a large number of consumers have smartphones that are simpatico with a wearable device. Juniper Research predicts that more than 130 million smart wearable devices will ship by 2018. Google is keeping the name of its newest line simple - Android Wear - but they’ve made sure to let everyone know that, while the premise is straightforward, the possibilities boggle. Initially the vanguard mobile device OS will be tailored for smartwatches and comparable trappings, but they will soon offer a closetful of trendy, fashionable body-fitting devices. But whatever form the Android Wear device takes, there are certain requirements that it must meet, according to Google. Alex Faaborg, Android designer, explains the Android Wear concept in a promotional video. “It needs to be incredibly fast, incredibly glanceable... there’s really only two components: the information that’s most relevant to you, and the ability to speak to it and do a quick command.” He goes on to say, “We designed an entirely new UI specifically for this form factor, and its really based around voice and contextual information.” Google has lined up a number of hardware and chip partners to produce this upcoming fashion line - LG, Samsung Electronics Co., Motorola, Intel Corp., Fossil, Asus, HTC, Intel, Mediatek and Qualcomm Inc. It looks like LG will be the first partner to produce - its “G Watch” is poised to debut within the next few months. And the price is far from Gucci-like at only an estimated $300. Google’s announcement “definitely gives wearables a status that it’s a market in it’s own right and it needs to be treated with the respect that a separate operating system branch gives it,” said Carolina Milanesi, an analyst with Kantar World Panel. App developers agree. They are are well aware that there are no boundaries in the wearables space, but they also know he/she who hesitates is lost. "A whole new app ecosystem is going to be born," said Shawn Hardin, chief executive officer of Mind Pirate, which released "Global Food Fight," its first game for Google Glass, earlier this year. "Those who are going to make that happen in a big way are going to be valuable companies because of it, and those who wait too late won't be a part of it." And Google - - - look out for iWatch… Sources: http://www.techhive.com/article/2109241/meet-android-wear-googles-bid-to-bring-serious-productivity-to-smartwatches.html http://gigaom.com/2014/03/10/google-to-release-sdk-for-android-powered-wearables/?utm_content=buffereef88&utm_medium=social&utm_source=linkedin.com&utm_campaign=buffer

This article by Hunter Jensen, CEO of Barefoot Solutions, was originally published in the April 2008 edition of PHP Architect, a print magazine for PHP Professionals. It is the third article in a five part series on some of the different legal issues surrounding the web development industry. As a PHP programmer, if you have ever worked on a project that is even remotely interesting, then surely you have come into contact with a Nondisclosure Agreement (NDA). If you have ever been employed in a medium to large sized company, then quite possibly you have been presented with a Noncompete Agreement. It is vitally important to your career that before you sign these documents, you understand the implications they may have on your future endeavors. In a field that thrives on new ideas and rapid innovation, Nondisclosure and Noncompete Agreements have become major players in the competitive landscape of high tech industries. Companies and entrepreneurs feel compelled to protect their ideas while still having the need to share them with others. To solve this conflict of interest, many will require signed NDAs and/or Noncompetes before disclosing any trade secrets. One such proponent of NDAs is Sabeer Bhatia, the founder of Hotmail. Over the course of two years he collected over 400 NDAs from his friends, family, and employees – basically anyone that knew about his startup. He believes that his secrecy resulted in a significant head start on the competition, and in 1997 he sold Hotmail to Microsoft for $400 million. This article will not be discussing how to draft NDAs and Noncompetes. You can go your whole career without the need to draft either of these documents. If you do have the need, I suggest you hire an attorney. What it will discuss is how to react when approached with these documents. When is it appropriate to sign an NDA? A Noncompete? What should I look for in each? What are some pitfalls to avoid? At the very least it should give you the confidence to read, understand, and make a decision on whether or not to sign one of these documents. Do not forget, you do not have to be a lawyer to understand legal documents, and nearly all contracts are negotiable. NDAs – Secrets, Secrets are no fun A Nondisclosure Agreement – also known as a Confidentiality or Secrecy Agreement – is a contract between at least two parties in which they agree to protect confidential information that is disclosed during the course of business. The two necessary parties are the Discloser and the Recipient. The Discloser is the party who originally possesses the confidential information. They disclose this information to the Recipient, who agrees to protect it in accordance with the terms of the agreement. In the programming world, confidential information can be any number of things including: general business ideas, code, database schemas, documentation, development tools and techniques, business processes and much more. There are many different circumstances which could involve you being presented with an NDA. I am the owner of a Web development firm that focuses a good portion of our resources on startups. Often I am approached by entrepreneurs who would like me to provide a quote to build a Web application based on what they consider to be an innovative or bleeding edge idea. Understandably, they are uneasy with just disclosing their idea to me and my company. With our resources, we could surely be first and best to market if we were to try and poach their idea. So before they disclose any confidential information, they will send over an NDA for me to sign. This is a perfectly normal part of doing business, and I have signed several dozen NDAs over the last few years. As a programmer doing contract work, some business owners will require a signed NDA before giving you access to their code, schemas, or other technical information. Also, it is very common to sign an employment agreement which includes a nondisclosure clause. In these and other situations, it is quite often appropriate to sign an NDA. What is important is that you carefully examine the document, and make any changes that you need before you sign anything. Remember, with a little knowledge, contracts are both understandable and negotiable. So what should you look for when examining a Nondisclosure Agreement? The clauses with major implications include the definition of confidential information, the exclusions of confidential information and the disclosure obligations and terms. Any NDA should carefully define the nature of the confidential information that is being disclosed. This must be done without actually disclosing the information however, so it is generally described categorically. For instance, an agreement may include: PHP code, database schemas, and unique development processes. As the recipient, it is important that the definitions are not too broad, and are limited to what you actually may be receiving. Something like all business related information is too broad and should be avoided. More important than the definition of confidential information are the exclusions of confidential information. Sometimes the best way to describe something is by describing what it is not. This is a list of situations in which information cannot be considered confidential. Usually the list will include situations where: The recipient had prior knowledge of the information The recipient gained the information independently or from other resources The information is available to the public This ensures that you do not sign away your right to share your own knowledge to others. The final important clause of an NDA is the disclosure obligations and terms. This section outlines the obligations a Recipient has to protect the confidential information and permissible reasons for disclosure. In my situation, I often need to consult my programmers and graphic designers in order to provide an accurate quote. So if I sign an NDA it is important that I be allowed to communicate. Some common ways of structuring these terms include: Requiring that the Recipient use all ‘best efforts’ to maintain the confidentiality Defining a purpose, such as providing a web development quote, and allowing disclosure only to fulfill that purpose Requiring that the Recipient disclose only on a ‘need to know’ basis Requiring that the Recipient protect this information similar to the way they protect their own confidential information And always, allowing disclosure if the information is requested by a government agency or court of law. These terms are important to allow disclosure when it is truly necessary, whether for business or protection from legal sanctions. Finally, a few minor points to make note of in an NDA include the term of the agreement and the right to receive an injunction. Be sure that the term is of a reasonable length; one to five years is common. Also, it is standard that the Discloser has the right to receive an injunction if the terms of the agreement are breached. However, be wary of any other relief options like attorney’s fees. The last thing you need is to pay for someone to sue you. Noncompete Agreements – The NDA’s Ugly Stepsister While an NDA is fairly common and can be approached with little trepidation, Noncompete clauses are less common and must be approached much more carefully. A Noncompete Agreement – also known as a Covenant not to Compete – is a contract, generally between an employer and employee, that restricts the employee from working in any related business for a certain length of time after termination of employment. The purpose is to protect the employer from training an employee in all of the trade secrets and practices of a business just to have the employee turn around and work for a direct competitor, or start their own competing business. For instance, suppose an existing search engine hired you as a programmer and gave you access to all of their code and procedures. After a year, you were unhappy with your job and felt you could create a better search engine on your own. Your employer would not want you to be able to start your own competing search engine, using all of the tricks of the trade learned during the course of your employment. As such, they would have required that you sign a Noncompete Agreement before you began your employment. Unlike the NDA, there are only a few situations where it would be appropriate for a PHP programmer to sign a Noncompete Agreement. The most common circumstances would involve a Noncompete clause in an employment agreement. Even in that situation, the job should be in a specialized industry, not just general programming. Be wary of others sneaking Noncompete clauses into agreements like NDAs, Independent Contractor Agreements, or Employment Contracts. As always, be sure to fully read any document before you sign it. On more than one occasion, I have had an entrepreneur try to include a Noncompete clause into a document titled, “Nondisclosure Agreement” or “Independent Contractor Agreement”. In those specific instances, I do not think there was malicious intent. Instead, I just think the entrepreneurs included the clause out of ignorance. Regardless, I did not and would never sign a Noncompete in that situation. These clauses are generally fairly straight forward, and as such there is not too much to look out for in the language itself. Most importantly, be sure that the duration of the agreement is reasonable. These vary from area to area and industry to industry, but somewhere between two and five years is a reasonable amount of time. Ten years ago, geography was an important factor in a Noncompete Agreement. Most limited employees from working in a competing business within a certain distance from the employer. For instance, if I sold dolls in Virginia, I would not want my former employee to sell dolls in Virginia. But if he wanted to sell dolls in California, I doubt he would be serious competition, so that would be allowed in my Noncompete clause. Given the current technology however, geography is often not included in Noncompete clauses. If I sell dolls in Virginia, and I have a website, then I sell dolls in California too. While there is not too much in the language to look out for, there are certainly a lot of other extenuating factors to consider before signing a Noncompete Agreement. First, it is important to note that enforcement of Noncompetes differs greatly from area to area. In the U.S., each state has its own policy and precedents concerning the enforcement of a Noncompete. For instance, Michigan has a history of enforcing Noncompete agreements, while they are generally thrown out in California. Some have argued that the unenforceability of Noncompetes in California is what helped lead to the success of Silicon Valley as a technology startup haven, while other areas remain much less successful. The ability of bright young employees to jump from company to company and share knowledge allowed Silicon Valley to thrive at a much faster pace than would be possible if these employees were mired by Noncompete Agreements. Another important facet to consider before signing a Noncompete Agreement is how this factors into your overall employment situation. As a potential employee, it is important that you include this in your decision just as you would the salary and benefits. It also could give you leverage during your contract negotiation. Not being able to work elsewhere in the industry could be a major detractor, so perhaps the employer can provide something to help account for this. Further, some employees are approached with a Noncompete after they have signed their initial employment agreement. This is common in the case of startups that bring on their first employees before hiring an attorney. If you are in this situation, it is important to realize that many states require that the employee benefit from signing a Noncompete. For instance, signing the agreement could be coupled with a raise in salary, a bonus, or better benefits. Because you are forfeiting some of your rights, most courts agree that it is only fair to receive something in return. In Wisconsin however, precedent has shown that not being fired is considered a benefit. So, an employer in Wisconsin could tell you to sign a Noncompete or you will lose your job, and be within the law. Once again, this is different from area to area, and it is important to consult a local attorney to review your agreements. Finally, let us suppose that you sign a Noncompete and eventually choose to leave that job. When applying for a new job, it is important that you disclose to the potential employer that you have previously signed a Noncompete. The employer could be vulnerable to a lawsuit by hiring an employee that is in violation of a Noncompete Agreement. Not disclosing this information would certainly be grounds for firing if the new employer were to find out, or even worse, get sued by your former employer. The Last Word Unfortunately, NDAs and Noncompetes are a part of the business we have chosen. We are forced to navigate carefully and sign only when necessary. Armed with a little knowledge, these legal documents are understandable and negotiable. If you have any doubts however, particularly with Noncompete Agreements, be sure to consult an attorney before signing anything.

So, your website is up and running, people come to your site and get value from it... but are you really maximizing the opportunities you have? A wise person once said, “Excellence is not a destination; it is a continuous journey that never ends.” And while this quote was in relation to someone's personal life why can’t it also pertain to your company’s web presence? Taking this philosophy and applying it to your company is what will put it in the top tier.  Just because you have a functioning website does not mean that it’s the best possible website you could be giving to your visitors. Re-design will allow you to improve the way you present your information and change how visitors use and engage with your site. Below we have detailed  a few of the reasons it might be time for you to redesign your website. You aren’t getting the results you want. If you’re not getting the results you want it may be time to improve your website. A new design can allow you to create new calls to action that will allow you to better optimize your site for lead generation. Because at the end of the day that’s the end goal, right? So it's definitely beneficial to do what you can to improve your conversion rates. A few important things to take into consideration is the copy of your website:  is it too text heavy or does it not give enough details? Does it match your company's voice? What about the look- does it go with a general theme or just seem sporadic? While these all might seem like minescule factors about your website it's important to remember that all combined together they are your company's voice and online impression. Make it count. Your website doesn’t work across all platforms. If you’re anything like me you like to do majority of things from your phone and then later will check it again from your computer. We expect things to be easy across all channels and to be able to seamlessly  transition between any platform. Providing a smooth experience for your visitors is a key factor. By having a responsive design it allows your website to be easily adaptable from any screen on any device. Another key thing to take notice of is the functionality of your website. How easy is your site to use? Are your call to actions visible and easy to access? These are highly important factors that can make or break your website! The purpose of your site has changed. It's important to stay on top of your website's purpose; if it has changed then your website should reflect this change. Perhaps your marketing strategy has changed or you have decided to feature different aspects of the company altogether. Perhaps you want people to read your blog more or use your request a quote box more often. Whichever it is- keeping up to date with your site’s purpose is highly important. Another instance to be mindful of is if your company has added new services or features. If so, then your website should reflect this change otherwise your visitors will take their business elsewhere! Your third-party tools are outdated. A very important factor to pay attention is to how your third party tools are functioning. Ask yourself the questions: are these tools up to date ? Are they functioning at the highest level they could? If you answered no to either of these questions then perhaps it's time for an upgrade. Making the moves to more modern third party tools will not only appeal to your visitors but also turn them into leads. By ensuring that you are up to date with current technology you will not have to worry about your website lacking in loading times or meeting your guests with error pages! Your Sites Loading Time is …. Slow! As we’ve entered 2018 its important to note that loading speed is now a MAJOR factor. Even if we don't like to admit it, we’re impatient people who have grown accustomed to pages loading instantaneously. “People will visit a Web site less often if it is slower than a close competitor by more than 250 milliseconds (a millisecond is a thousandth of a second)” (Ny Times, 2018). Website speed and mobile speed should be  a top priority. If your website is loading slowly then it's definitely time for an upgrade.  Some of the Features or Content Don’t Display Properly Ensuring that your content displays properly is another major factor to be mindful of. As I said previously it's important to have seamless transitions between your web and mobile and the same goes for the way the content displays. You should also be mindful of the many different mobile devices your visitors may be using- there are lots of options out there! Whether they are looking from an iPhone or an Android Tablet the navigation and display should be easy to use and look the same across all channels. Compare to Competitors Another important reason to consider redesigning your website is seeing how it stacks up against the competition. By keeping up with the competition you are able to set your prices competitively, create marketing strategies, and accurately respond to rival marketing campaigns. If your top competitor is having far more success generating traffic to their site  then perhaps it's time to take a look at their site and see what they are doing differently. Now you don’t need to redesign your website every time you see your competitors making changes but staying relevant and up to date will be beneficial in the long run. I hope that you’ve found the above reasons as useful insight on whether or not to redesign your website. It’s easy to remain content with a website that’s working but as we said above: are you maximizing on the opportunities you have? If you’re not, or you felt like any of the above reasons directly related to your website, it's time to redesign! This will be an exciting time because you will be able to take a close look at your website, analyze the strategies that have worked, and improve! Remember “excellence is a continuous journey, not a destination.” Now, we are aware that redesigning your website can seem like a daunting or overwhelming task, but that's where we come in! Barefoot Solutions is more than happy to work with you to help redesign your website. Use the contact button located below and let's get redesigning!