How Binding Is Your Browsewrap Agreement?
Anyone who has purchased a product online or downloaded software for a computer, tablet or mobile device has likely encountered “browsewrap” and “clickwrap” agreements, write Carolyn S. Toto and Kimberly Buffington on Pillsbury Winthrop Shaw Pittman‘s Social Media & Games Law Blog.
In the article, they write, “Such agreements are the bread and butter of companies that sell or license products or provide services via websites or web applications. Clickwrap agreements require a user to affirmatively click a button to affirm his or her assent to the agreement’s terms, whereas with a browsewrap agreement, the user’s assent to the agreement’s terms is inferred from the user’s use of the website. (Often, the terms of a browsewrap agreement are accessible from a hyperlink placed on one or more webpages of the company’s website.)”
The discuss a few recent cases that have addressed what exactly constitutes a valid, legally binding and enforceable contract.
