A signature or other authentication, of course, manifests assent, initials attached to a particular contract term assent to that term. This Article rejects the idea, suggested in some reported decisions, that a mere failure to object constitutes assent to a record. Objective indicia of assent under this Article requires an affirmative act that the circumstances or the record clearly indicate will have that effect. Opportunity to Review. Assent must follow an opportunity to review.
Assent requires proof that the party actually read the terms to which it assents.
It requires that the record be called to the party's attention and be available for review. The terms need not all be in a single record, so long as their location enables review if the assenting party so desires. Thus, a hyper-link reference to a license actually contained in a different record would, all other conditions being met, satisfy the concept. Click here to review the License . Its conduct in going forward to use the information also indicates it accepted the contract and adopted the terms of the license.