"Can we enforce our TOS if we don't use a mandatory checkbox in the cart?" The answer is maybe, depending on how you give notice of the terms, how you get consent to them, and where you get sued. Courts across the country agree that a mandatory checkbox (or a "clickwrap agreement") will take the guesswork out of it and will almost always be enforceable. If you don't use a checkbox, then you're inviting courts to go over your sign-up flows with a fine-toothed comb. In an opinion issued today, the 6th Circuit spends 8 pages going over examples of various "hybrid" flows (i.e., neither clickwrap nor browsewrap), which would not have been needed if RocketMortgage used the checkbox. Ultimately, the 6th Circuit reverses the lower court and rules that consumers were bound by RocketMortage's TOS. Let's look at each example that the 6th Circuit covers: