Browse Wrap Agreements: No Click Needed
by Shaya Silber
Previous cases such as Kanitz v. Rogers Cable Inc. also examined the issue of whether browse wrap agreements are enforceable. In that case, the court laid out general guidelines for the enforceability of such agreements. In a nutshell, they were:
- Providing clear notice of the terms on the home page. Unless the site’s operator makes reasonable effort to bring the terms to the users’ attention, the notice should require users to review and agree to the terms.
- Including a button on the home page, where users can click and confirm having read and agreed to the terms.
In any case, if you have any questions about your web business, you should seek individualized legal advice from an internet lawyer.