Browsewrap Agreement Upheld by Missouri Court of Appeals

Digital Medai Lawyer Blog:  “Online contracts typically fall into two categories: clickwrap and browsewrap agreements.  In clickwrap agreements, a user expressly indicates his/her assent to a website’s terms of use by clicking on a button that says ‘I agree’ or ‘OK.’  In browsewrap agreements, a user does not expressly indicate his/her assent by clicking on a button, but ostensibly indicates his/her assent to the site’s terms of use in some other fashion – such as by submitting information or clicking other buttons.  Courts routinely enforce clickwrap agreements.”

The case is Major v. McCallister, Missouri Court of Appeals, No. CD29871 (Dec. 23, 2009).

Enforceable Online Contracts

If you own or operate a web site in which you want to create a legally binding contract with a web site user, I recommend you read this entitled “Enforceable Browse-Wrap Contracts.”

E-commerce is increasingly automated. In the past, Internet sites used “terms of use” agreements which include an Internet mechanism to affirm consent to be bound by the agreement (click-wrap). Increasingly, browse-wrap agreements are replacing click-wrap agreements.

Enforceable browse-wrap agreements have two factors in common. First, they include sufficient notice of the terms. Second, the actions of the Internet user clearly manifest acceptance of the terms.

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