A forum selection clause in an online clickwrap agreement covering financial information services is enforceable despite the user's claim that he may have accidentally or involuntarily clicked the boxes signifying assent to the agreement, a district court ruled. The court concluded that the plaintiff's contention that his “click” was inadvertent was not credible, and that the evidence established that users could not complete the defendant's required registration process without clicking both an “I agree” box adjacent to the terms and conditions and a “complete registration” box. The court also rejected the argument that the defendant should have used computer technology that requires users to scroll down through all of the terms in an online agreement, finding that imposing “such a per se legal requirement on internet companies in order to enforce a contract would be the equivalent of requiring a party to a paper contract to ensure that the opposing contractual party flipped through all the pages before signing it.”

Scherillo v. Dun & Bradstreet, Inc., 2010 U.S. Dist. LEXIS 13465 (E.D.N.Y. Feb. 17, 2010) Download PDF