A browsewrap arbitration agreement is a legal agreement that outlines the terms and conditions of a website or mobile application and requires users to agree to arbitration for any disputes or legal claims.
Unlike a clickwrap agreement, which requires users to check a box or click a button indicating their agreement to the terms and conditions before accessing a website or app, a browsewrap agreement is typically found in the footer or sidebar of a website.
The purpose of a browsewrap arbitration agreement is to protect the website or app owner from potential legal disputes by requiring users to agree to handle any disagreements through arbitration rather than litigation. This saves time and money for both parties involved.
However, browsewrap agreements have been challenged in court in the past for not being as legally binding as clickwrap agreements. This is because users are not explicitly required to agree to the terms and conditions before accessing the website or app, and may not even be aware of the agreement`s existence.
To increase the enforceability of a browsewrap arbitration agreement, website and app owners should make sure the agreement is easily accessible and prominently displayed on their website or app. This can be done by adding a link to the agreement in the main navigation or using a pop-up window to notify users of the agreement before they access the site.
In conclusion, a browsewrap arbitration agreement is an important legal tool for protecting website and app owners from potential legal disputes. However, it is important to ensure the agreement is properly displayed and easily accessible to users to increase its enforceability.