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Thursday, November 20, 2008 
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Online Contracts – Take Notice!

By Alan S. Wernick, Esq.

www.wernick.com

Abstract
Most Internet sites include a terms and conditions page and a privacy statement page (indeed some jurisdictions mandate these by statute as required if the site can be viewed by citizens of that jurisdiction). Assume that a website follows best practices with its terms and conditions page and sets forth a reasonably sophisticated online agreement. When can unilateral changes to these online contracts be binding? This question was recently addressed by two different courts, resulting in two different outcomes turning on one critical fact - notice

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