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Site’s terms still enforceable even if users never read them

Posted on January 11, 2010July 3, 2025 by Dissent

Jacqui Cheng reports:

We’re all guilty of skipping over a site’s terms and conditions, but don’t go crying to the courts if there’s something in there that comes back to bite you. Another court has upheld a site’s “browserwrapped” terms of use, saying that they were displayed prominently enough that it’s the user’s fault for not reading them.

A website’s terms and conditions are indeed enforceable, even if users weren’t forced to actually go to a T&C page at any point in time. That’s according to the Missouri Court of Appeals, anyway, which has upheld a previous ruling in a lawsuit that brought into question the enforceability of ServiceMagic’s Terms of Use. Still, one of the judges made clear that only reasonable terms would be upheld—no jumping on one foot while spinning plates for you.

Read more on Ars Technica.

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