Can users be bound without clicking - I agree?

Yes, users can be bound under a browsewrap agreement without clicking “I agree,” but enforceability depends on whether they had reasonable notice of the terms. Courts evaluate visibility, placement, and whether the user was clearly informed that continued use constitutes agreement.

Where should a browsewrap link be placed?

A browsewrap link should be placed in a conspicuous location, such as a clearly visible footer, header, or banner. The hyperlink should stand out through font style or color to ensure users have reasonable notice of the agreement.

How often should a browsewrap agreement be updated?

Browsewrap agreements should be reviewed periodically, especially when laws change, business models evolve, or new services are added. Significant updates should include clear notice mechanisms to inform users of revised terms.

What makes browsewrap unenforceable?

Browsewrap agreements may be unenforceable if users lack reasonable notice, if the hyperlink is hidden or inconspicuous, if language is vague, or if there is no clear indication that continued use signifies consent. Courts focus heavily on constructive notice and visibility.

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