Browsewrap

[1] In 2000, in Ticketmaster v. Tickets.com, the court looked at a breach of contract claim where the terms and conditions were situated at the bottom of the home page in "small print.

[3]: 22  Only if a user scrolled down the page to the next screen did he come upon an invitation to review the full terms of the program's license agreement, available by hyperlink.

The court found that this repeated exposure and visual effect would put a reasonable person on notice of the "terms and conditions".

[5] In contrast, in 2014, the United States Court of Appeals for the Ninth Circuit ruled in Nguyen v. Barnes & Noble, Inc. that Barnes & Noble's 2011 Terms of Use agreement, presented in a browse-wrap manner via hyperlinks alone, was not enforceable since it failed to offer users reasonable notice of the terms.

The reason for this suggestion is that the court will take judicial notice of the fact that all Internet pages open from the upper left-hand quadrant, thus the defendant must overcome the presumption that the icon was viewed.