Nguyen v. Barnes & Noble, Ninth Circuit (18 August 2014): clickwrap and browsewrap (Nguyen v. Barnes & Noble Inc., 763 F.3d 1171 (9th Cir. 2014), No. 12-56628)
Terms a visitor must click to accept bind far more reliably than terms behind a footer link. A site that wants its no-scraping rule enforced needs real notice and assent.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“Contracts formed on the Internet come primarily in two flavors: “clickwrap” (or “click-through”) agreements, in which website users are required to click on an “I agree” box after being presented with a list of terms and conditions of use; and “browsewrap” agreements, where a website’s terms and conditions of use are generally posted on the website via a hyperlink at the bottom of the screen.”
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