Karen Berger, an Internet lawyer in West Orange, N.J., and Jonathan Bick, of counsel to Brach Eichler and an adjunct professor at Pace Law School and Rutgers Law School, review cases regarding the enforceability of browse-wrap agreements, which are increasingly replacing click-wrap agreements that required users to affirm acceptance of a site's terms of use by clicking on a button. One plausible reading of the cases, they write, is that courts in browse-wrap issues show greater solicitude to consumers than to businesses, and will enforce browse-wraps primarily in business-to-business rather than business-to-consumer transactions.
September 29, 2009 at 12:00 AM
1 minute read
E-commerce is increasingly automated. In the past, Internet sites used “terms of use” agreements that include an Internet mechanism to affirm consent to be bound by the agreement (click-wrap). Increasingly, browse-wrap agreements are replacing click-wrap agreements.
Enforceable browse-wrap agreements have two factors in common. First, they include sufficient notice of the terms. Second, the actions of the user clearly manifest acceptance of the terms.
Presented by BigVoodoo
The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.
The premier educational and networking event for employee benefits brokers and agents.
The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.
Truly exceptional Bergen County New Jersey Law Firm is growing and seeks strong plaintiff's personal injury Attorney with 5-7 years plaintif...
Shipman is seeking an associate to join our Labor & Employment practice in our Hartford, New Haven, or Stamford office. Candidates shou...
Evergreen Trading is a media investment firm headquartered in NYC. We help brands achieve their goals by leveraging their unwanted assets to...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS
