Browsewrap

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Browsewrap (also browserwrap or browse-wrap license) is a term used in Internet law to refer to a contract or license agreement covering access to or use of materials on a web site or downloadable product. In a browse-wrap agreement, the terms and conditions of use for a website or other downloadable product are posted on the website, typically as a hyperlink at the bottom of the screen.[1][2] Unlike a clickwrap agreement, where the user must manifest assent to the terms and conditions by clicking on an "I agree" box, a browse-wrap agreement does not require this type of express manifestation of assent.[1] Rather, a web-site user purportedly gives their consent simply by using the product — such as by entering the website or downloading software.[1]

Browse-wrap agreements, like clickwrap agreements, derive their name by analogy to the "shrink wrap agreements" included inside the sealed packaging of tangible products, where one can not see the agreement until the product has been purchased or used.[3] Courts that have ruled on the issue have held that the validity of a browse-wrap agreement primarily depends on whether a website user has actual or constructive notice of the terms and conditions prior to using the website or other product.[1]