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How Legally Binding Are Online Service Contracts?

Posted on in Online Contracts

FL cyberlaw attorneyIt seems like nearly everything you sign up for now requires you to click “I Agree” at the end of some lengthy legal contract. If you are like most people, you may not even read the words, or you may simply scan through and hit the highlights. What happens when you break the rules of the agreement, without realizing? What do you do when you feel your rights have been infringed upon by a company or organization, but it turns out that you actually agreed to the actions that were taken?

Terms and Conditions or Privacy Policy

Although you may not give it a second thought, you may have clicked a box and agreed to just about anything that has been slipped into their “Terms and Conditions” or their “Privacy Policy.” After all, there are lots of big words that may not even make sense to the average layperson, and who has time to sort through all of that information anyway? However, by virtually “signing” the contract, you are indeed legally bound to hold up your end of the bargain. Therefore, it is generally legally enforceable. Still, there may be a few loopholes.

If you clicked “I Agree” on a “clickwrap agreement,” then the terms would have been placed beside or under the check-box, and that would give a judge reason to believe that you should have actually read the information about what your terms were. This is called “reasonable notice and opportunity to review.” That means you had every opportunity to read it before agreeing, and therefore you should be held responsible.

If, however, the website was set up so that you would have to click on hyperlinks in order to read the terms, as in a “browsewrap,” and it was in any way difficult to get to or to find on the website, then a judge may determine that it was unfair to expect that users would have read it.

Similar rules may apply if there was simply a “Public Notice of Terms,” that did not include a check-box for user agreement. Again, the reasonable assumption here would be that the user may not have had a reasonable opportunity to read and review the terms.

Contact an Experienced Federal Online Agreements Attorney

Nelson Cyber Law is ready to fight for your legal rights even if you have agreed to terms and conditions or a privacy policy without realizing exactly what you signed up for. You need a knowledgeable Tampa online agreement attorney who can thoroughly examine your case and let you know how to proceed. Call 800-440-5536 to set up a free, 30-minute consultation.

 

Source:

https://www.eff.org/wp/clicks-bind-ways-users-agree-online-terms-service

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