https://blog.ericgoldman.org/archives/2025/08/the-ninth-circuits-flood-of-tos-formation-cases.htm Thu, 28 Aug 2025 16:26:00 +0000 hourly 1 https://blog.ericgoldman.org/archives/2025/08/the-ninth-circuits-flood-of-tos-formation-cases.htm#comment-4491 Thu, 28 Aug 2025 16:26:00 +0000 https://blog.ericgoldman.org/?p=28045#comment-4491 I agree with your conclusion that the only surefire way is 2 click. But to me the obvious difference between the Chabolla/Godun and these (well, really 2, the middle one is easy) is that the notice comes after the submit button. I think the real (or perhaps realist) study of the "signon wrap" type of agreement (which I agree is a better formulation if not perfect) is all the cases where the notice is directly above the submit button and all those where the notice is below and see how the cases shake out.

]]>