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JacksonOtis
Joined: 01 Apr 2025
Posts: 20
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 Posted: Tue Aug 26, 2025 7:22 am Post subject: Are browsewrap agreements enforceable in e-commerce? |
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| I run an online store and have terms of service linked in the footer of my website. Customers never actively click to accept them - they just shop. If a dispute arises, will those terms protect me? |
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uyigecur79
Joined: 22 Apr 2025
Posts: 15
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| Posted: Tue Aug 26, 2025 7:28 am Post subject: |
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| Browsewrap agreements (where terms are just posted) are notoriously weak in court. Without clear evidence that customers saw and accepted the terms, judges are reluctant to enforce them. A much safer approach is clickwrap - require users to check a box or click “I Agree” before completing checkout. Check this guide: https://coupsmart.com/ . This creates an affirmative record of consent and greatly improves enforceability, giving your business stronger legal protection. |
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