New Media and Technology Law Blog

Tag Archives: shrinkwrap

In Clickwrap Data Pass Contract Dispute, Second Circuit Sacks E-mail Notice of Post-Transaction Terms

In an important opinion on the enforceability of online contract terms, Senior Circuit Judge Robert D. Sack walks through the last decade and a half of online contracting law on the way to invalidating an arbitration provision in an agreement involving a so-called Web loyalty program. Judge Sack concluded in Schnabel v. Trilegiant Corp., 2012 … Continue Reading

Clickwrapped and Browsewrapped – Court Rejects Attorney Plaintiff’s Challenge to Travel Site Terms and Conditions

Case law has developed over the years with respect to enforceability of Web site terms and conditions, and the general parameters are now pretty well understood. Courts will, in general, enforce online terms and conditions against consumer users, provided they are given adequate notice and an opportunity for review. There are numerous exceptions to the … Continue Reading
LexBlog