Legal Question in Entertainment Law in California
Online Terms & Conditions
I was wondering how legally binding/iron-clad is the online contract that a user is required to check off confirming they agree that they have read the site's terms and conditions when registering as a member of that site. If a law suit by the user should arise that conflicts with the contract they checked off when registering, does that online contract hold any weight in the favor of the company despite the fact that no actual signature was used on the contract. Any feedback would be appreciated.
3 Answers from Attorneys
Re: Online Terms & Conditions
In general, these so-called "click-wrap" agreements are enforceable as long as the user has to acknowledge reading and agreeing to the terms. That said, you should consult with an attorney about the specific terms involved and the facts of your situation.
Best wishes,
LDWG
Re: Online Terms & Conditions
It's impossible to answer your question without reading the contract and getting the facts and circumstances under which it was executed.
Re: Online Terms & Conditions
The online "click-wrap" contracts are binding in most instances. A pen-and-ink signature is not required for most agreements... and the click-through process used by websites does provide sufficient evidence of the user's assent to the terms.
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