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, the customer acknowledged and agreed to use of his medical information. The context of the transaction and the content of the screen on which a clickwrap is presented can undermine the inference the consumer had notice of the terms to which they were assenting when they clicked the associated checkbox.