News & Analysis as of

Browsewrap Agreement E-Commerce Terms and Conditions

Morgan Lewis - Tech & Sourcing

Kristin Hadgis – Ecommerce and Online Contracting

Welcome to the third post in our Spotlight series, where we talk with a leader in a particular field or emerging area of interest to technology and sourcing lawyers and professionals. Kristin Hadgis is a partner in Morgan...more

Rumberger | Kirk

Clickwraps and Browsewraps Oh My! Terms of Online Vendor Agreements - Are They Enforceable?

Rumberger | Kirk on

Often times, in seeking to enforce a term or condition of an online transaction, such as an arbitration clause, an online vendor will discover that (in the eyes of the law) the consumer never agreed to the transaction’s terms...more

Ballard Spahr LLP

Second Circuit: Placing Order Online Did Not Bind Customer to Amazon’s Arbitration Provision

Ballard Spahr LLP on

In an important decision underscoring the challenges faced by retailers and others in enforcing online arbitration agreements with their customers, the U.S. Court of Appeals for the Second Circuit has reversed a district...more

Morrison & Foerster LLP - Social Media

Clickwrap, Browsewrap and Mixed Media Contracts: A Few Words Can Go a Long Way

Courts have generally categorized such online agreements into two types: “clickwrap” agreements and “browsewrap” agreements. Clickwrap agreements—which require a user to check a box or click an icon to signify agreement...more

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