I believe that checking "I agree" to the therms and conditions on a website enters you into a legally binding contract, much in the same way a signature does on a sheet of paper. Can anybody provide a link to somewhere that verifies this?
2007-09-08 08:50:39 · 6 answers · asked by lairdpleng 1 in Politics & Government ➔ Law & Ethics
yes and no
It can be legally binding but like every contract, both parties have to receive some consideration (money, services, etc) for it to be binding (especially in CA). Most of the time it is legal mumbo-jumbo. The issuing party has to be willing to enforce the contract in every instance. That can get very expensive.
2007-09-08 08:57:21 · answer #1 · answered by Anonymous · 0⤊ 1⤋
This is probably not an obscure reason. If you read the offer, I bet that it says that the company will not be responsible for getting you a work permit/authorization etc. With the end of your husband's employment, you have no legal reason to be in the country and so the job offer is canceled. Even if it does not say this, what do you think that you can do about it? What country's laws govern the agreement? Where can you go for redress?
2016-05-19 21:33:52 · answer #2 · answered by janita 3 · 0⤊ 0⤋
It depends in part on the law of the jurisdiction that is being used. Since you are getting access to the site or program only if you agree, there is consideration. (And no party to a contract has to enforce every penalty against every violation in order for it to be enforceable. That's nonsense.)
If you buy a program and only read that after you have bought it, with no offer of a full refund if you disagree, it probably is not enforceable. You can't attach a provision to a contract after the exchange of consideration.
2007-09-08 09:08:39 · answer #3 · answered by thylawyer 7 · 0⤊ 0⤋
I cannot provide a link, I am sorry to say.
The I agree button would however confirm a verification of acceptance and liability on the part of the person clicking. More than placing liability on the person clicking it is more of an absolution of liability of the site requesting that you do so.
On an aside, you cannot demand certain terms be agreed to if they are illegal...case on point...an illegal distributor of child pornography but up a disclaimer saying that they did not control the content of a site and you absolved them of any liablitity in relation to same. It was proved in court that persons convitced of "accessing child porn" could not sue the developer in civil court but did not excuse the developer from criminal liability.
2007-09-08 08:59:20 · answer #4 · answered by elysialaw 6 · 1⤊ 0⤋
Not in all cases. Sometimes, it only provides 'shielding' for the website owner. It is impossible to prove the identity of the person clicking on that site. If you admit to clicking on the 'I agree' button, then you have entered the contract. If you don't admit it...well, the burden of proof is on the website.
2007-09-08 08:58:52 · answer #5 · answered by Anonymous · 1⤊ 0⤋
More often than not, the "I agree" is to something that is more of a disclaimer than a contract. It's usually a set of terms that spells out what you DON'T get. Such as, say you signed up with an internet dating company. I'd expect the disclaimer to say that they are not responsible if your "perfect match" is someone who hasn't bathed since Halley's Comet last appeared, and they are not responsible if you marry a cannibal.
2007-09-08 09:00:51 · answer #6 · answered by open4one 7 · 1⤊ 0⤋