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Blog Bite: How do US courts determine whether a website user has assented to its terms under a browsewrap agreement?

This article posted on our partner site Mondaq.com refers to a US Court of Appeals decision to state that Canadian companies, especially those conducting business in the US, should be mindful of how US courts determine whether a user will be bound to the terms under a browsewrap agreement.

The US courts have held that because no affirmative action is required by a user to assent to the terms, whether it binds that user will depend on whether he or she had actual or constructive knowledge of them.

This comes to you as a part of Clausehound's exciting new collaboration with Mondaq!

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This article is provided for informational purposes only and does not create a lawyer-client relationship with the reader. It is not legal advice and should not be regarded as such. Any reliance on the information is solely at the reader’s own risk.

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