What is Browse-Wrap vs. Click-Wrap Agreement and Why Does it Matter?
A browse-wrap agreement is one that is simply posted on a website and purports to be a binding agreement. A browse-wrap agreement does not require the user to check a box, click “submit,” or require any affirmative act by the user to accept the terms. As described below, browse-wrap agreements are only enforceable when they are posted in a conspicuous location and the posting contains language sufficient to put a user on notice that they are entering into a binding agreement.
Location & Conspicuousness of Hyperlink
Language in Posting of Agreement
While failure to read a contract before agreeing to its terms does not relieve a party of its obligations under the contract . . . the onus must be on website owners to put users on notice of the terms to which they wish to bind consumers.
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