Browsewrap Website Terms and Conditions Enforceable

Internet Cases:  “The Missouri Court of Appeals has issued an opinion that reflects a realistic grasp of how people use the web, and also serves as a definitive nod to self-responsibility. The court refused to accept a website end user’s argument that she should not be bound by the website terms and conditions that were presented to her in the familiar ‘browsewrap’ format. . . . At the point where she submitted her contact information to facilitate the signup process, she was presented with a link to the website’s terms and conditions. We’ve all seen this countless times — the link read, “By submitting you agree to the Terms of Use.”  Major admitted she never clicked on the link and therefore never read the terms and conditions.”  The case is Major v. McAllister.

The Clicks That Bind: Ways Users “Agree” to Online Terms of Service

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.).”

Court Upholds Forum Selection Clause Contained in Click-Wrap Agreement

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 site to be brought in north Texas. The opinion actually commended for including this forum selection clause in its User Agreement. It noted that’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.”

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