Consumer Law, Warranties Is a website disclaimer that doesn't require clicking "I Agree" worth anything?

[mpcremata]

I know that making the user formally accept the terms of a disclaimer makes it much more effective, legally. Doing this, however, can really destroy the flow and functionality of a website. Is a non-clickable disclaimer worth anything? Aside from making it plain, pithy, and visible, can anyone offer any advice on how to maximize the legal enforceability of a disclaimer? Can you direct me to case law dealing with ineffective disclaimers on websites? Thanks very much!

 

[Michael Wechsler]

The whole point of making the user do something is to disrupt the flow of the website. It forces the user to take notice that what they are agreeing to is important to read and that going further is explicit consent. Without this mechanism, there is no proof that the user ever read the agreement and gave any formal consent that they agreed. It's no ironclad but it is more or less common sense.

What's the problem with a checkbox? What are you trying to do?