Re-read the section of Chapter 9 about Click-on Agreements and Shrink-Wrap Agreements along with Case Example 9.18 on page 174 of the textbook. Have you ever read any of these types of agreements before clicking on the “I agree” tab? Do you think anyone reads these agreements? Isn’t part of the rationale for including onerous terms the realization that no one would be likely to review them? Is it fair or reasonable to hold people to contractual provisions such as the forum agreement on Facebook to resolve all issues with Facebook in Santa Clara, California?
What are your thoughts? What would be a reasonable and workable alternative?