"BY VIEWING, VISITING, USING, OR INTERACTING WITH WWW.SAYGENT.COM OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF WWW.SAYGENT.COM."
am i forced to search for the tos every time i use a website or they must get my acceptance to the terms before viewing the site?
Website terms are routinely held to be enforceable even if you never clicked the link to read them, IF:
1) There has been constructive notice that terms exist. If the only link to them is buried in a footer you never have to scroll to, then you can argue there was no such notice. That's why so many forms have the "by purchasing you agree to our terms" type text in the form; if you're filling out the form you can't argue you never saw the link.
Under which jurisdiction? In my case, certainly not. Given the fact that the TOS claim to be accepted by simply reading the TOS (as it is on the website) no sound legal system could state this to be legal. Which sadly says nothing about the US-system.
"BY VIEWING, VISITING, USING, OR INTERACTING WITH WWW.SAYGENT.COM OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY OF WWW.SAYGENT.COM."
am i forced to search for the tos every time i use a website or they must get my acceptance to the terms before viewing the site?