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2022

Mercer Law Review

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Assent Uber Alles: Enforcing Browsewrap Agreements In Smartphone Applications, Emma F. Duke Mar 2022

Assent Uber Alles: Enforcing Browsewrap Agreements In Smartphone Applications, Emma F. Duke

Mercer Law Review

When a smartphone user browses a website or downloads a new application (app), the user will most likely be met by a pop-up or hyperlink providing the infamous “terms and conditions.” How many users click and explore the terms and conditions posed by the website or app before clicking “I Agree” and continuing on? Unbeknownst to most users, the terms contained within that seemingly insignificant link can have long-standing consequences if litigation were to arise.

The terms and conditions hyperlink a smartphone user often sees when signing on to an app is called, in the world on internet contracts, a …