Electronic Frontier Foundation: When software asks if you to click to agree to its terms of service aka user agreement, do you read the actual agreement before clicking that you agree? Whether you read the terms of service or not, are you becoming a party to an enforceable contract? This article explores the contract issues arising from “click wrap” agreements in depth.
“I Agree.” We have all, at some point while online, clicked on a button bearing these words. Whether it is registering for a new social media account or just trying to get to our bank statements, one almost cannot visit a website today without eventually being asked to agree a listed set of “Terms and Conditions.” But by clicking on such boxes, or even in some cases just by using the website, we as online users may be binding ourselves to legally enforceable contracts with the online service provider (i.e. website, MMORPG, etc.).”
Digital Media Lawyer Blog: “A judge in the Southern District of New York has upheld a clause contained in a click-wrap user agreement that required any suit regarding use of the Match.com site to be brought in north Texas. The opinion actually commended Match.com for including this forum selection clause in its User Agreement. It noted that Match.com’s headquarters are in Dallas, Texas and that failure to include such a clause in its User Agreements would have subjected Match to suit in all 50 states.”