For the London Free Press - October 24, 2011 - Read this on Canoe Are Browse-wrap agreements binding?
The Ontario Superior Court decision in Century 21 Canada Limited Partnership versus Rogers Communications Inc. shed some light on this issue. The case discussed the evolution of agreements as software sales have shifted from boxed software purchases to online.
But being bound by agreements one has not read is not a new concept. There are a series of ticket cases where fine print on the back of a ticket or document were held to be binding, provided that it is brought to the person's attention. It doesn't matter if the person actually read it, provided they could have easily read it if they wanted to.