There are two main lessons that any company with an online presence should note.
Use Clickthrough Agreements
Simply avoiding browsewrap agreements eliminates this problem. Website users should have to click on a button to indicate that they have read and accepted the terms. It is easy enough to require new users to do this when they create individual accounts. Those who already have accounts can indicate their assent by clicking on an appropriate button at the point of their next purchase or other transaction. If you have customers who use your website, but you don’t have an opportunity to elicit their consent to the terms, you may want to consult your lawyer to come up with a way to enable your customers to review and accept the revisions.
Do Not Reserve the Unilateral Right to Amend
© 2013 Alexander J. Davie — This article is for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.