Suppose that you click on “I accept” in order to download software from the Internet. You do not read the term?

[shipley]

Suppose that you click on “I accept” in order to download software from the Internet. You do not read the terms of the agreement before accepting it, even though you know that such agreements often contain forum-selection and arbitration clauses. The software later causes irreparable harm to your computer system, and you want to sue. When you go to the Web site and view the agreement, however, you discover that a choice-of-law clause in the contract specified that the law of Nigeria controls. Is this term enforceable? Is it a term that should be reasonably expected in an online contract?

[sonny]

Suppose that you click on “I accept” in order to download software from the Internet. You do not read the terms of the agreement before accepting it, even though you know that such agreements often contain forum-selection and arbitration clauses. The software later causes irreparable harm to your computer system, and you want to sue. When you go to the Web site and view the agreement, however, you discover that a choice-of-law clause in the contract specified that the law of Nigeria controls. Is this term enforceable? Is it a term that should be reasonably expected in an online contract?

If it's in the contract, and you accepted it, it is binding whether or not you read it, unless that contract somehow violates the law where you live.

One could reasonably expect almost anything from an unknown software provider on the Internet. I would always use extreme caution before downloading from sites I don't know to be reputable. A good way to check that is www.mywot.com (no reputation established there is also a red flag).

[bothan]

The fact that you did not read it prior to accepting the terms of the contract is irrelevant -- you accepted the contract, as written. Even if it were relevant, you would never be able to prove it and with a claim such as this, the burden of proof (that you had not read it) would fall on you. Clicking "I accept" includes your acknowledgment that you did read it. You are SOL.

[eilis]

virtually nothing is enforceable in an online contract as neither party can prove the other party was the one "clicking" agreement, no software can cause "irreparable harm" to a computer so you are being spun a yarn