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In the US if you are unable to enter a legally binding agreement if you are intoxicated... Users who aren't reading anything, just ticking a box with a mouse click and hitting next defeats the purpose of a legally binding agreement.

If both parties aren't all committed or informed, this is simliar an intoxicated person entering a legally binding agreement.



(IANAL)

These so-called "clickwrap" or "browser-wrap" agreements have definitely been found to be enforcible. However the details of exactly how the agreement was presented and what the user had to click can affect their enforcibilty.

Source: https://www.americanbar.org/publications/communications_lawy...


In practice, clicking “I agree” is legally worthless unless backed up by case law with explicit supporting judgements.

FB and other big data corporates need to be reminded of this.




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