Navigation packaging agreements, such as clickwrap agreements, take their name by analogy from the “shrink film agreements” contained in the sealed packaging of tangible products, the agreement not being visible until the product has been purchased or used.  The courts that have ruled on this issue have held that the validity of a navigation wrapping agreement depends primarily on whether a user of the Website is actually or constructively modest about the terms before using the Website or any other product.  In 2005, the Illinois Court of Appeals ruled in favor of a navigation packaging agreement in Hubbert v. Dell Corp. In this case, consumers of Dell products were repeatedly shown the words “All sales are subject to Dell`s Terms and Conditions of Sale,” including a prominent hyperlink on a number of pages. .
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