Browsewrap Agreement | Practical Law

Browsewrap Agreement | Practical Law

Browsewrap Agreement

Browsewrap Agreement

Practical Law Glossary Item 5-508-6048 (Approx. 3 pages)

Glossary

Browsewrap Agreement

A website agreement (typically the website's terms of use or service) that aims to bind the user by virtue of the user browsing the website. Unlike a clickwrap agreement, browsewrap agreements do not require a user take action to affirm consent to be bound. Instead, browsewrap terms typically state that use of the website is deemed acceptance of the agreement. Courts have found that terms of use presented in this manner do not create an enforceable contract unless the website owner presents evidence that the user had actual or constructive knowledge of the terms.
The name browsewrap comes by analogy to shrinkwrap agreements that are formed when the user affirms his consent to a printed agreement on a product (typically software) by opening the clear, plastic, shrink-to-fit wrapper that seals the product.
For more information on browsewrap and clickwrap agreements, see Standard Document, Website Terms of Use: Contract Formation.