Comment by awinter-py

semi-related, the case law on intent to contract in click-wrap is all over the place

if you read ericgoldman's blog, you already know this, but various factors affect whether a contract is considered formed, including:

  - whether the 'agree' text appears on the user's screen
  - the text of the button ('continue' vs 'agree')
  - whether the tos link is before or after the button

and different courts have different takes.

(I'm not a lawyer)