Diversions, Inc., makes video, games. Ember buys a copy of Final Infinity. Inside the package is a shrink-wrap agreement. With respect to the contract for the game’s purchase, the shrink-wrap agreement may not be enforced if Ember

learns of it after the contract is formed.

Explanation:

In order for a contract to be enforced, both parties involved must be willingly enter the agreement after knowing each terms of the contract.  Each parties can make the acknowledgement through signature, recorded verbal agreement, or digital check-marks.

In the case above, the contract is only known by one party (the video maker), and the buyer (ember)  was not aware of its existence.

If Ember can bring a proof that she doesn't know about the shrink wrap agreement before buying it, the court can determine that she will not be held liable for the content of the agreement.

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