This article posted on our partner site Mondaq.com refers to a US Court of Appeals decision to state that Canadian companies, especially those conducting business in the US, should be mindful of how US courts determine whether a user will be bound to the terms under a browsewrap agreement.
The US courts have held that because no affirmative action is required by a user to assent to the terms, whether it binds that user will depend on whether he or she had actual or constructive knowledge of them.
This comes to you as a part of Clausehound’s exciting new collaboration with Mondaq!