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Courts consider whether purchasers: were on notice of the terms; and actually or implicitly assented to them.[1] Applying this framework, courts generally enforce clickwrap agreements because they require purchasers to physically manifest assent — e.g., clicking an “I accept” button that explicitly indicates assent to the terms of use.[2] In contrast, since browsewrap agreements do not require explicit physical assent, courts typically will only find them… [read post]
25 May 2022, 5:16 pm by Thomas James
Chicago Park Dist., 635 F.3d 290, 304 (7th Cit. 2011). [read post]
25 May 2022, 5:16 pm by Thomas James
Chicago Park Dist., 635 F.3d 290, 304 (7th Cit. 2011). [read post]
6 May 2022, 6:10 am by Noah J. Phillips
”[23] In 2013, the Supreme Court rejected an FTC request to require courts to apply the “quick look” approach to reverse-payment settlement agreements.[24] The Court has also backed away from presumptive rules of legality. [read post]