It depends, but in general, yes, it can be made to apply with a small amount of well-placed boilerplate language. It's called either "clickwrap" or "linkwrap" d

It depends, but in general, yes, it can be made to apply with a small amount of well-placed boilerplate language. It's called either "clickwrap" or "linkwrap" depending on the way it's presented. See Nguyen v. Barnes and Noble at https://en.wikipedia.org/wiki/Nguyen_v._Barnes_%26_Noble,_Inc https://en.wikipedia.org/wiki/Nguyen_v._Barnes_%26_Noble,_In.... for a recent example that represented a loosening of precedent by ruling that the ToS was not enforceable because the user did not receive adequate notice. If B&N had placed their disclaimer in a place where the user was more likely to see it, they would've been fine.