enforcing online agreements

Update on Website Terms: More Click-to-Accept Guidance from the SJC

Note: This is an update to an article published on August 1st, 2023 : Click to Accept The Terms. Are you Exposed?

The Massachusetts Supreme Judicial Court (“SJC”) recently gave website owners more guidance on binding customers to online terms.  In another case brought against Uber, Good v. Uber Technologies, Inc., the court considered whether a pop-up screen requiring a user to agree to updated terms before booking a ride was sufficiently binding to compel arbitration. 

As discussed in our previous post, the SJC again considered whether Uber provided “reasonable notice” of the terms and whether the customer demonstrated a “reasonable manifestation of assent” to them.  This time, they came to the opposite conclusion finding that a binding agreement had been formed, at least to the extent required to force the customer to arbitrate the dispute.

Echoing courts in other jurisdictions, key action items for website owners include:

• Preventing users from continuing to interact with the site until they have agreed to updated terms; using clear language and prominent text to inform users of the purpose of the page or pop-up.
• Requiring users to check a box indicating they have reviewed and agreed to the terms and then activate a button labeled “confirm” or something similar.
• Requiring users to scroll through and review the terms or include an identifiable hyperlink directly to the full text of the agreement.
• Keeping your user interface focused and uncluttered and including images or other signifiers that indicate the user is entering into a contract.

Do your website terms and online contracts protect your business? The West Hill Team can review how you have implemented your website terms and other online contracts and advise you on updates to help enforce them.