This article posted on our partner site Mondaq.com discusses recent cases to illustrate the enforceability of browsewrap* and **clickwrap agreements.
The author suggests that websites using browsewrap agreements should provide notice to users of the location of hyperlinks to the agreement. Although clickwrap agreements are usually enforced, the author warns that ambiguity in the agreement could negate the agreement. The author recommends that websites clearly indicate what users are agreeing to with clickwrap agreements.
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