@nchapman - the history.length > 1 test leaves a lot of corners open - like if you visit a the tos/pp agreement in a new tab, close the tab, then re-open the tab using CMD-SHIFT-T, window.history == 2, showing the back button. Secondly, if you visit the tos/pp agreement from another domain, back is shown, which just feels strange.  Any other ideas?