A Progression: From Shrink Wrap To Browsewrap To Clickwrap Contracts
Above: Shrink wrapped helicopters to be shipped to Iraq. US Navy photo, Bart Jackson. Wikimedia Commons.
The Court does not exactly chuck browsewrap agreements out the window, because it explains that “the validity of the browsewrap agreement turns on whether the website puts a reasonably prudent user on inquiry notice of the terms of the contract.”
The Court holds, “in keeping with courts’ traditional reluctance to enforce browsewrap agreements against individual consumers”, that:
NOTE: This case should help e-commerce merchants see the benefits of clickwrap over browsewrap agreements.