Comments on: The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart https://blog.ericgoldman.org/archives/2015/02/the-browsewrapclickwrap-distinction-is-falling-apart.htm Thu, 20 Jun 2019 21:53:00 +0000 hourly 1 By: J Hastings https://blog.ericgoldman.org/archives/2015/02/the-browsewrapclickwrap-distinction-is-falling-apart.htm#comment-2317 Thu, 20 Jun 2019 21:53:00 +0000 http://blog.ericgoldman.org/?p=13723#comment-2317 I love the Savetsky case. The only problem with it (class action against LegalShield, Inc.) was that Savetsky had also signed LegalShield’s so-called Independent Associate contract, which apparently Savetsky did notice and agree to arbitration within it. Not typical of most LegalShield customers, however.

]]> By: john ottaviani https://blog.ericgoldman.org/archives/2015/02/the-browsewrapclickwrap-distinction-is-falling-apart.htm#comment-1213 Thu, 26 Feb 2015 03:25:00 +0000 http://blog.ericgoldman.org/?p=13723#comment-1213 Some colleagues and I wrote a law review article a dozen years ago, in which we distilled basic contract formation principles and applied them to web contracts (in that article, browse-wrap, but in reality these principles apply to formation of any contract): (1) give the user adequate notice of the existence of the terms; (2) give the user a meaningful opportunity to review the terms; (3) give the user adequate notice that taking a specific action manifests assent to the terms; and (4) the user takes the action specified. Eric is correct …forget trying to pigeon hole or classify the type of contract. Just apply the formation principles.

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1640185

]]> By: How to Succeed (or at Least Not to Fail) With a Click-Through Agreement | Global Business IP and Technology Blog https://blog.ericgoldman.org/archives/2015/02/the-browsewrapclickwrap-distinction-is-falling-apart.htm#comment-1204 Tue, 24 Feb 2015 19:49:35 +0000 http://blog.ericgoldman.org/?p=13723#comment-1204 […] Goldman’s Technology and Marketing Law blog has an interesting piece this morning on how companies have succeeded and failed with their click through terms of use.   […]

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