BY OLIVER HERZFELD, FORBES IP COUNSEL, JANUARY 22, 2013 - Have you ever wondered whether online agreements that are not signed in ink are enforceable? How about website “Terms of Use” that are available solely via a homepage link and are not explicitly agreed to by users? Are such Terms of Use legally enforceable against website visitors? In the recent case of Schnabel v. Trilegiant Corp., the Second Circuit Court of Appeals provides some important guidance that can be readily applied to the enforceability of website Terms of Use and other online agreements.

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