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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Online customer terms not creating contract - USA click through | 871 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Online customer terms not creating contract - USA click through
Authored by: SilverWave on Sunday, August 26 2012 @ 08:02 AM EDT
Quote:

"Click on "View" to read our US based policy, Client Declaration,
Customer Agreement, Risk Warning Notice and Order Execution Policy. Once read
and understood, please click on "Agree" to signify your agreement to
the terms.

It then added:

Please call us on 0800 .... if you have any questions.

Thank you for taking the time to complete the application."

This was followed by a "button" marked "Submit".

---
RMS: The 4 Freedoms
0 run the program for any purpose
1 study the source code and change it
2 make copies and distribute them
3 publish modified versions

[ Reply to This | Parent | # ]

Only a denial of summary judgement - Online customer terms not creating contract - UK
Authored by: YetAnotherSteve on Sunday, August 26 2012 @ 11:54 AM EDT
Paragraph 25 says this is just a refusal of summary judgement, so IIUC it's not
a decision that the contract is invalid.

Footnote 2 is lovely: "In most cases, the limited time spent on the on-line
application would in any event probably preclude any serious perusal of the
documents." I would love to see the drop-off rate if those click-through
EULAs had to give a time estimate for reading the EULA, and then disable the
"accept" button for that time.

[ Reply to This | Parent | # ]

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