Contract law in the United States requires three elements to be present when two parties enter into a contract. These three elements must be present in any contracts. They are agreement, consideration and intentions. In addition a party to a contract must have the legal ability to fulfill the services contracted for. In the case of Toysmart, all of these requirements were satisfied.
Agreement is defined as an offer and acceptance of that offer.
In the case of Toysmart, its users accepted the company's offer to protect their privacy forever. Allowing the site to collect their data evidenced the users' acceptance. At any point, users had the right to opt out of the site's privacy practices by sending an email to customer service or not using the site. Once they opted into the site's privacy policy, Toysmart agreed to protect their personal data. These measures included the technical controls used for authentication and access control.