clickable contract Archives

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.

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.