Question 16(1 point)

The main difference between a click wrap and a browse wrap

Question 16 options:

Is the length of the agreement

The length oftime the party is bound

The method of the agreement

The legality of the method - one is legal and one is not

Question 17(1 point)

Whether the courtwill enforce the terms of a click on agreement will depend on

Question 17 options:

Whether the end user was provide notice

Whether the end user gave consent

Whether enforcing the agreement is fair

All of the above

Question 18(1 point)

On either a Browsewrap or clickwrapwhat is the benchmark

Question 18 options:

Proper Notice

Importance of the agreement

The web sites purpose

The number of people who uses the web site

Question 19(1 point)

It is easier to establish notice

Question 19 options:

In a clickwrap

In a browsewrap

They both equally easy

None of the above

Question 20(1 point)

Mary Sue was looking at a web site.There was a notice that said READ this agreement carefully.The "I agree to the terms" was already pre- marked.If the user did not agree they had to unclick the acceptance.Mary Sue argued she did not agree and did not intend to click agreement.How will the court look at these facts

Question 20 options:

It will make no difference

The courts are more likely to find Mary Sue did not agree than if she had to click she accepted the terms

The courts are mostlikely to find Mary Sue agreed to the terms

The courts will definitely find Mary Sue is bound by the agreement

Question 21(1 point)

The basic rules of contracts are

Question 21 options:

Not applied to e-contracts

Are applied to e-contracts

Offer and Acceptance apply but not the legal term of consideration

the basic concept of Consideration appliesto online contracts but not thecapacity to enter a contract

Question 22(1 point)

Agreements ofte state " We may occasionally change these Terms, so we encourage you to review the terms periodically.The most current version of the Terms along with their effect date will be linked from each of the site and Services.If you continue to use the Site and Services after we change the terms, you accept the changes.

Question 22 options:

The court will always find these terms valid

The cour will always find these terms invalid

To determine validity the court will decide if their was a mutual manifestation of assent

These types of agreements are unconstitutional

Question 23(1 point)

Dell customers using Dell's website were shown the words "All sales are subject to Dell's terms and Conditions of Sale recurrently and were provided with an obvious hyperlink to the terms agreement.The customer argued that they did not receive adequate notice.The court was most likely rule:

Question 23 options:

Repeated exposure of this nature would put a person on reasonable notice

As long as the notice was direct and unambiguousit would be sufficient notice

Both of the above

Neither of the above

Question 24(1 point)

Which of the following statements are true

Question 24 options:

The more a user has had an opportunity to see and read the terms of service the more likely the court will enforce a terms of service agreement

the mere presence of a Terms of Useagreement may not protect the business website

If in the Terms of Use agreement are ambiguousmay not be enforceable

All of the above are true

Question 25(1 point)

In the case Zaltz v Jdate, Zaltz sued the dating website for billing harassment in New York.JDate had the case transferred to California which was in the terms of use.Zaltz said she did not remember agreeing to that term and wanted the case to stay in NewYork

JDate had a statement explaining that to join JDate an user would have to click a certain box to accept the terms of agreement confirming they did agree. This was a combination of browse wrap and clickwrap elements.

Question 25 options:

The court found that the fact Zaltz did not remember terms does not negate the terms of use

The fact that Jdate used a combination of Browsewrap and clickwrap elements allows Jdate to enforce their terms.

The fact that Zaltz clicked on a specific box to accept terms allows Jdate to enforce its terms

All of the above.