zlacker

Click-wrap agreement and browse-wrap agreement are both contracts.

https://en.wikipedia.org/wiki/Browse_wrap

https://en.wikipedia.org/wiki/Clickwrap

>>nabla9+(OP)
But you must actually “click” or “browse” for it to be enforceable, right?

>>cobbzi+j1
Not necessarily. There can be implied consent.

Of course, in that case you can't put surprising terms into the agreement if they are disadvantageous to the user. Courts don't see that a meeting of the minds took place. https://en.wikipedia.org/wiki/Meeting_of_the_minds

>>nabla9+oA
Sure, if you’re actually visiting the site. But (at least in the US) didn’t the recent LinkedIn case find that if my scraper pulls public data off your site, the TOS doesn’t apply?

This court decision doesn’t mean “no rules for scrapers”, rather it means “different rules for scrapers, independent of any site-specific TOS”. Or did I misunderstand the decision?

>>cobbzi+IK
Consumer law applies for consumer users and has different protections than other users have.

Web scraper as a consumer use is hard to argue.

>>cobbzi+j1
It would be a lot harder for Cloudflare to argue some clause in the contract is non-binding when they provided the contract in the first place than the consumer on the other end who just clicked "OK" on a button to agree to that contract.