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Browsewrap license

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Definition Edit

A browsewrap license (also called a usewrap license) refers to

"terms and conditions, posted on a Website or accessible on the screen to the user of a CD-ROM, that do not require the user to expressly manifest assent, such as by clicking 'yes' or 'I agree.'"[1]

Overview Edit

"Browsewrap exists where the online host dictates that assent is given merely by using the site."[2] "Browsewraps can take various forms but basically the website will contain a notice that—by merely using the services of, obtaining information from, or initiating applications within the website—the user is agreeing to and is bound by the site's terms of service."[3] "For an internet browsewrap contract to be binding, consumers must have reasonable notice of a company's 'terms of use' and exhibit 'unambiguous assent' to those terms."[4]

References Edit

  1. Southwest Airlines Co. v. BoardFirst, L.L.C., 2007 WL 4823761, at *4, n.4 (N.D. Tex. Sept. 12, 2007) (citations omitted).
  2. Berkson v. Gogo LLC, 2015 WL 1600755, at *25 (E.D.N.Y. Apr. 9, 2015).
  3. United States v. Drew, 259 F.R.D. 449, 462 n.22 (C.D. Cal. 2009).
  4. Berkson, 2015 WL 1600755, at *26.

See also Edit

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