Terms of service are the legal agreements between the provider of a service—such as a website—and the users of the service. When a user is given proper notice of these terms and agrees to or accepts the terms by some affirmative act, such as continuing to use the service or ticking a box to indicate agreement, the parties form an enforceable contract regarding the user’s use or purchase of the product or service. Terms of service are also commonly referred to as terms of use, terms and conditions, or abbreviated as TOS or T&C.
In Arizona, as in other states, terms of service (TOS), also known as terms of use or terms and conditions, are considered legally binding contracts between a service provider and the user, provided that the user has been given proper notice and has accepted the terms through an affirmative act. This act could be checking a box to indicate agreement, creating an account, or simply continuing to use the service. The enforceability of these online contracts is generally upheld if the terms are presented in a clear and conspicuous manner, and the user's acceptance is clearly obtained. Arizona follows the general principles of contract law, which require an offer, acceptance, consideration, and mutual assent for a contract to be valid. If a dispute arises regarding the terms of service, Arizona courts will examine whether these elements were present and whether the terms were presented and agreed to in a fair and understandable way.