What is the position of the courts regarding the enforceability of 'browse-wraps' agreements?
A) They are not binding because they purport to accept an offer without something affirmative or positive to signal assent.
B) They are not binding because the user is not provided with sufficient notice of the terms of the agreement.
C) They are binding provided the user is provided with sufficient notice of the terms of the agreement.
D) They are an exception to the rule that the terms of a contract must be known in order to be enforceable.

Question

Quizplus · Accepted Answer

Courts generally hold that browse-wrap agreements can be binding if the user is provided with sufficient notice of the terms and has an opportunity to review them, even if there is no affirmative action to signal assent.

What Is the Position of the Courts Regarding the Enforceability