Who Reads Terms of Service, Privacy Policies or Click Agreements?

E-Commerce Times

To most people, a click agreement is just a speed bump on the way to purchasing goods or services while using websites and participating in social media. Because I teach a law school class in this area, my students and I may be the only people on Earth to regularly review them. However, courts generally enforce the terms of click agreements, since the user has to manifestly agree, or not get the goods or services.

Over the last couple of years, in presentations around the U.S. about social media, I've asked audience members whether they take the time to read website terms of service (TOS), privacy policies or click wrap agreements. Very few have raised their hands.

At a recent SIM (Society of Information Management) Advanced Practice Council conference, one of the CIOs summed up the reasons: "Why bother, since we all know what the TOS, privacy policies and click wrap say?"

Read more.

The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.

Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.


AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.

back to top