Browsewrap

Browsewrap is a form of online contract in which a website’s terms of service or other policies apply to a user’s use of the site, with assent inferred from continued browsing rather than a distinct affirmative action. The terms are typically posted via a hyperlink labeled Terms of Service or Privacy Policy placed at the bottom of webpages or in account creation flows, and a user’s ongoing use is treated as acceptance.

The key distinction from clickwrap is how assent is obtained. In clickwrap, users must actively click an “I agree” button to indicate consent. In browsewrap, no explicit action is required beyond continued use, which makes notice and assent more difficult to prove. Courts scrutinize whether terms were reasonably conspicuous and whether the user had actual or constructive knowledge of them. If terms are buried, unobtrusive, or not presented before actions that create obligations, a court may deem the agreement unenforceable or partially unenforceable.

Best practices to strengthen enforceability include ensuring terms are easily accessible, clearly labeled, and presented conspicuously before actions that bind the user. Providing a prominent notice of updates and, in some cases, adopting a clickwrap mechanism for important terms can reduce disputes. Browsewrap provisions often cover standard terms such as disclaimers, limitation of liability, and governing law, as well as privacy-related provisions; however, for high-stakes or consumer-facing transactions, robust assent mechanisms and explicit user consent are commonly preferred.