Viewing: browsewrap

Are Browsewraps Enforceable in New Jersey? Maybe

A New Jersey appellate court recently refused to enforce an online forum selection clause that was contained in a browsewrap agreement, but it stopped short of holding that browsewraps are unenforceable as a matter of law. The case is interesting because of the comparisons the court draws with the influential and well-known case of the […] Read More

A Good Example of a Browsewrap Checkout Screen

Kudos to Active.com for putting together an excellent browsewrap checkout screen. I had to navigate through the screen recently in order to sign up for the St. Louis Rock 'n' Roll half marathon. When courts determine whether to enforce online terms and conditions, they tend to focus on whether users had notice of the online […] Read More

The E-Contracting Paradox: No One Reads Online Terms But Everyone Agrees to Them

Let’s face it, no one reads online terms and conditions. Admit it, you don’t read them either. I know you don’t, because I don’t. And I read user’s manuals (and file them). I never quit a book until I’m finished, no matter how bad the book is. I read the dust jacket, copyright page, table […] Read More