Legal Question in Business Law in California

Online Agreement

Before I buy something on the website, I am asked to read a Company's Terms and Conditions and click on the ''Agree'' before I can buy/order the merchandise. My question is: Am I legally bound by those terms and condtions. If yes, how does that Company have the related proof ?


Asked on 1/24/07, 10:20 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Online Agreement

What do you mean by "related proof?"

I think the answer to your question is "yes" - that's the way business is done in the 21st Century.

"Proof" is a courtroom concept, and it is usually up to the jury or judge to decide whether a contested question of fact has been proven.

If you aren't in court, I don't see that "related proof" has any meaning. What is to be proven, and to whom, and for what purpose? Maybe you can contact me to explain what you had in mind????

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Answered on 1/25/07, 12:18 am
Timothy J. Walton Internet Attorney

Re: Online Agreement

Yes, you are legally bound. The agreement you describe is called a "click-wrap" agreement.

Usually, the web site will log your IP address and note the date and time. This, combined with a site set up that does not allow you to bypass the agreement, is sufficient proof that you agreed to the terms of the adhesion contract.

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Answered on 1/24/07, 11:18 pm


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