Ensuring Enforceability of Online E-Commerce

Spring/Summer 2016Inside

Online terms of service, terms of use or “terms and conditions” (“TOS”) are ubiquitous. But merely posting TOS on a website does not make them enforceable. In this New York State Bar Association Inside article, Barry Werbin analyzes what makes “browsewrap” or “clickwrap” agreements valid and enforceable, while exploring related legal issues regarding evidence preservation, TOS amendments and forum selection.


Originally published in Vol. 34, No. 1 of the spring/summer 2016 issue of Inside, a publication of the Corporate Counsel Section of the NYS Bar Association.