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Missouri: 'Browsewrapped' T&Cs Can Be Binding on Web Users

By Bruce Carton

On Dec, 23, the Missouri Court of Appeals held that a Web site's terms and conditions presented in ?browsewrap? format are not, in fact, just meaningless drivel. Actually the opinion was more nuanced than that, but the main idea seems to be that users can be legally bound by T&Cs presented in that fashion. The Internet Cases blog writes here that in Major v. McAllister, the Missouri court "refused to accept a website end user?s argument that she should not be bound by the website terms and conditions that were presented to her in the familiar 'browsewrap' format," i.e., a visible link that read, ?By submitting you agree to the Terms of Use.? The user of the ServiceMagic Web site, Ms. Major, admitted that she never clicked on the link and never read the terms and conditions that included a forum selection clause providing that all suits against ServiceMagic must be brought in Denver. Major sued ServiceMagic in Missouri state court, but ServiceMagic moved to dismiss citing the forum selection clause. The lower court granted the motion to dismiss, and the Missouri Court of Appeals affirmed, finding the T&Cs to be enforceable. Internet Cases notes that the court emphasized that...

Full post as published by Legal Blog Watch on January 07, 2010 (boomark / email).