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Obtaining Assent in Today's e-Conomy

By Michael J. Breslin
July 29, 2010

Part Two of a Two-Part Article

One aspect of “e-contracts” that has generated a considerable amount of jurisprudence is the enforceability of “clickwrap” and “browsewrap” agreements, in which a consumer manifests assent to terms and conditions either through an affirmative act such as checking a box, or simply by accessing and using the services provided through a Web page. This article presents an overview of best practices for ensuring the application of your client's desired terms and conditions in the context of online browsing and sales, as well as software downloads and installations. Last month's Part One covered clickwrap agreements. Part Two covers browsewrap agreements.

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