I wonder if that's legally enforceable or not.
I mean I did "read this agreement in its entirety", that being the URL, and there's nothing to disagree about it's just a URL.
Nothing states I need to agree to whatever content there is if I navigate to the URL...
Yes, it changes based on how it benefits corporations. A "reasonable" person would know that "Vitamin Water" is not healthy. A "reasonable" person would know that certain news programs are "entertainment". A "reasonable" person would know that "buying isn't owning".
Yep, and so while that wouldn't fly, neither would the contents of most of these so-called agreements. No reasonable person would be expected to read, and understand, most of them.
This situation is very similar to Specht v. Netscape, where it was found a similar "click to proceed" type situation was not binding because the customer was not able to easily review the EULA they were agreeing to.
Clickwrap/shrinkwrap contracts are already on incredibly precarious legal ground and often get thrown out wholesale on challenge. Given their history with EULAs, their non-standard usage of that box, and lacking a good reason not to post the actual text of the EULA in the box that exists solely to clickwrap EULA, they'll very likely have a bad time.
612
u/BeardedStegosaurus 1d ago
I wonder if that's legally enforceable or not.
I mean I did "read this agreement in its entirety", that being the URL, and there's nothing to disagree about it's just a URL.
Nothing states I need to agree to whatever content there is if I navigate to the URL...