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New York

Asked on Apr 21, 2021

Is agreeing to a ToS the same as signing a contract?

I would like to learn if opt ins to website agreements are the same as signing a contract.

1 Attorney answer



New York

Answered 528 days ago

Ema T.

ContractsCounsel verified

Business Lawyer
Licensed in New York
Free Consultation

Terms of service can be a binding contract (if your terms of service are not binding they are basically useless). In most cases, if a user had actual or constructive notice that the use of the service is subject to the terms of service and the user has accepted the terms of service online then those terms of service will become a contract just as if the user has physically signed it. If however, after signing electronically the user is also required to sign a physical copy to become a customer the physical copy will usually prevail. Any information provided as an answer to these questions does not constitute legal advice and does not create an attorney-client relationship between the attorney and anyone in relation to any information provided under the Q & A section of this website.

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