This article posted on our partner site 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.

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