#browsewrap

2025-09-23

New Jersey court, in an unpublished opinion, provides a quick indication of when browsewrap agreements will not be enforced. Plaintiffs used brokerage services for five years but were never asked explicitly to agree to terms.

#law #contracts #browsewrap #litigation

contractsprofblog.com/2025/09/

Seal of the New Jersey Superior Court
Drew Crecente (they)crecente@games.ngo
2024-11-26

"By continuing, you agree to the updated Terms listed here."

❌ No, I do not.

If you work for a company that does this, tell them to stop.

This legitimizes bad practices and bad behavior.

#technology #clickwrap #browsewrap

A pop-up box covers an article at the New York Times. The pop-up box:

"We've updated our terms

"We encourage you to review our updated Terms of Sale, Terms of Service, and Privacy Policy. By continuing, you agree to the updated Terms listed here."

The capitalized items in the above paragraph are hyperlinks leading to 20+ pages of contract text.

At the bottom, is a large black box labelled "Continue" for folks to click on.

(These companies *know* that you have not read these updated terms. They are too long, too complex, and too frustrating to read and fully understand.)

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