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The agreement asserts that users grant legal agency authority to any third party who clicks the acceptance button or otherwise indicates agreement on the user's behalf, binding the user to the terms through that third party's action.
This analysis describes what Hims & Hers's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision asserts that acceptance of the agreement by a third party acting on the user's behalf is binding, creating a contractual mechanism that extends the agreement's obligations to users who did not personally click acceptance. The enforceability of this provision depends on whether applicable contract law recognizes such advance agency grants in the context of electronic consumer agreements.
Interpretive note: The enforceability of an advance agency authority grant for third-party acceptance of consumer electronic agreements varies by jurisdiction and depends on applicable contract formation and electronic signature law.
Under this clause, if a third party accepts the agreement on a user's behalf by clicking the acceptance mechanism, the agreement asserts that the user is bound by its terms as if they had accepted personally. This applies to the minors provision, where parents or legal guardians may accept on behalf of minors within the age parameters described in the agreement.
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"YOU HEREBY GRANT AGENCY AUTHORITY TO ANY PARTY WHO CLICKS ON THE 'I AGREE' BUTTON OR OTHERWISE INDICATES ACCEPTANCE TO THESE TERMS AND CONDITIONS ON YOUR BEHALF.Excerpt from Hims & Hers's Terms and Conditions
REGULATORY LANDSCAPE: The agency authority grant engages general contract law principles of agency and electronic signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN) and state Uniform Electronic Transactions Act (UETA) adoptions. Consumer protection statutes in various states may impose requirements on the clarity of agency-based consent mechanisms for binding contracts. The COPPA framework is engaged to the extent minors' accounts are involved and consent is provided by parents or guardians. GOVERNANCE EXPOSURE: Low to Medium. The agency authority grant is a standard mechanism in multi-user or guardian-consent contexts, but the breadth of the assertion that any party clicking the button binds the user may be difficult to enforce in practice without additional authentication or verification of the agency relationship. JURISDICTION FLAGS: Jurisdictions with heightened electronic consent requirements or specific consumer contract formation rules may scrutinize the enforceability of advance agency grants in standardized online agreement contexts. COPPA applicability for minors aged 13-17 using the acne consultation service creates additional consent documentation requirements. CONTRACT AND VENDOR IMPLICATIONS: The agency authority provision has implications for enterprise or employer benefit arrangements where administrators may accept terms on behalf of individual users. Procurement teams should assess whether this provision creates binding obligations for their organizations and individual employees in such contexts. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the agency authority grant satisfies applicable electronic contract formation requirements and whether additional authentication or verification mechanisms are required to support enforceability. The COPPA parental consent mechanism for minors aged 13-17 should be reviewed against FTC COPPA requirements to confirm that advance contractual consent satisfies the verifiable parental consent standard.
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This provision asserts that acceptance of the agreement by a third party acting on the user's behalf is binding, creating a contractual mechanism that extends the agreement's obligations to users who did not personally click acceptance. The enforceability of this provision depends on whether applicable contract law recognizes such advance agency grants in the context of electronic consumer agreements.
Under this clause, if a third party accepts the agreement on a user's behalf by clicking the acceptance mechanism, the agreement asserts that the user is bound by its terms as if they had accepted personally. This applies to the minors provision, where parents or legal guardians may accept on behalf of minors within the age parameters described in the …
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