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clickwrap agreements

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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Herzog v. Superior Court (2024) 101 Cal.App.5th 1280

While clickwrap agreements to terms of use on a website are generally sufficient to form enforceable agreement to the website's terms of use.  However, in this case, the "I accept terms of use" button (which, if clicked on led to separate page with the terms of use) was preceded by text that said only that by clicking the boxes below,… Read More