Are online terms and conditions legally binding?

Yes, online terms and conditions can be legally binding in Minnesota. In general, to be legally binding, a contract must include an offer and acceptance. The offeror must also have the capacity to agree to the terms of the contract. This means they must have the legal right to agree to the terms, and the agreement must be made willingly and without any duress or coercion. When it comes to online terms and conditions, the offeror’s capacity is usually established prior to the user’s agreement. In other words, the user must agree to the terms and conditions before they can begin using the website or service. This is known as “click-through” assent, and this type of agreement is considered to be legally binding. In addition to capacity and agreement, another factor that makes online terms and conditions legally binding is consideration. Consideration is something of value that is exchanged when a contract is formed. In the case of online terms and conditions, the consideration is usually the use of the website or service. Therefore, in Minnesota, online terms and conditions are legally binding if they are accepted by both parties, the offeror has the capacity to agree to the terms, and the consideration is reasonably valued.

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