Business Luv 001 OPTIONAL ASSIGNMENT TO IMPROVE A QUIZ GRADE 1. Background: The Enforoeability ofOnline Cliekwrup and Browsewrap Agreements As we have covered in class, new questions are arising about what constitutes an enforceable contract between an online user and a business when the user accesses information or makes a purchase on that business' website Most of us have been asked to sign what we call an online cli up to participate in a social networking website, or tooan prompted to agree to the terms of the website by scrolling print) and clicking the \"I agree\" button. ckwrnp agreement. When we sign a free online email account, we are through text (oen presented in ne As we have lean-red, an essential element of forming a valid contracts for the offeror to present the terms of the agreement to the oeree the party being offered something. Many ofus may never bother to read those terms before clicking than "I accept" button. However, those terms may contain critical information, for example, about the rights of the offerorn the social networking site or online business" to share our information with other entities. The question becomes, what constitutes valid notice of the terms of the offer such that the offeror and the o'eree achieve mutual assent to form a contract? Without mutual assent, an enforceable contract never forms These questions become even trickier when it comes to browsemp agreements. Unlike click wrap agreements where users are forced to click to accept the terms, a browse wrap agreement automatically registers the user's acceptance of the terms through continued use of the website. The \"terms of use" are typically posted on the website as a hyperlink on the website. The California Court of Appeal addressed the enforceability of a brown: wrap agreement in Long v. Provide Commerce Inc, 2.45 Cal.App.4"' 855 (4a. Dist. 2016). A copy of the court's opinion, as well as a summary of the court's decision, is attached. II. Assignment