> Nevertheless, some courts have been willing to make browsewraps enforceable under certain circumstances. The more a site calls the user’s attention to the terms while browsing, the more likely a court will be to find it enforceable. On the other hand, if a service provider places the notice out of sight, such that a user must scroll down in order to see but not in order to use the service, courts will likely find such an arrangement does not show meaningful assent on the part of the user.

https://www.eff.org/wp/clicks-bind-ways-users-agree-online-t...