Browsewrap Contracts

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Browsewrap contracts describe the situation where terms of use or service documents are listed on a web page.

• a user does not have to make an affirmative action to accept the terms of the contract
• assumes that a contract is entered into when a user merely visits a web page or downloads a product
• Courts often are slow to find that browsewrap contracts are enforceable
  • because consumers may not know about these contracts
  • If consumers do not know about the contract and have not read it, how can they agree to its terms