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Solving The Mystery Of Contracting By Hyperlink


Alan D. Wingfield

Troy K. Jenkins

Partner Alan Wingfield and associate Troy Jenkins are published in Law360 for their article, “Solving The Mystery Of Contracting By Hyperlink." They write, “Courts are reminding us that we need to pay close attention to the visual portrayal of hyperlinks that incorporate separate contract terms, and the accessibility of the contract terms for the consumer. Courts have declined to incorporate separate privacy policies, forum selection clauses and arbitration agreements when the hyperlink is not easily noticeable, the incorporated contract terms are not easily accessible or the consumer does not express his or her assent.” They also include a list of “dos and don’ts” for incorporating by reference separate contract terms using a hyperlink.