“Click Here”: Are Your EULA and TOS Enforceable?
It’s commonplace for websites to have terms of service (“TOS”) and privacy policies available via links at the bottom of the homepage or in a footer across the site. Similarly, many apps in the Apple App Store and the Google Play Store have end user license agreements (“EULAs”) that are available by clicking a link. What is not commonly known is that these agreements may not be enforceable. Judges frequently decline to enforce online agreements because the user did not have a