A browsewrap agreement is an electronic contract between a website owner and a user, in which the user agrees to the terms and conditions of use by simply using the website. The contract is formed when the user first accesses the site – there is no need for the user to sign any agreement or take any other action.
A browsewrap agreement is similar to a clickwrap agreement, in which the user agrees to the terms and conditions of use by clicking on a button or link. However, with a clickwrap agreement, the user must take some action to indicate their acceptance – simply using the website is not enough.
There are pros and cons to using browsewrap agreements. On the plus side, they are easy to implement and require no action from users. This means that everyone who uses the site is bound by the terms and conditions, even if they have not read them. On the downside, browsewrap agreements can be harder to enforce than clickwrap agreements, as it can be more difficult to prove that the user was aware of the terms and conditions.
If you’re considering using a browsewrap agreement on your website, make sure you include a clear statement of your terms and conditions, and make sure users are aware that they are agreeing to these terms by simply using your site.