Simply continuing to use McDonald's website after the terms have been updated counts as your agreement to the new terms, even without clicking an explicit accept button.
This analysis describes what McDonald's'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 mechanism means users may be bound by updated terms, including new arbitration clauses or data practices, without any active confirmation of their consent.
Interpretive note: Enforceability of acceptance by continued use for material terms like arbitration clauses varies by jurisdiction and the adequacy of notice provided; the banner disclosure may or may not satisfy court standards depending on how conspicuously it was presented.
If you continue using McDonald's website or app after terms are updated, the agreement treats your continued use as binding acceptance of all changes, including the updated arbitration and age requirement provisions.
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"By continuing to use our website, you agree to the revised Terms & Conditions agreement.— Excerpt from McDonald's's McDonald's Terms of Use
REGULATORY LANDSCAPE: Acceptance by continued use, sometimes called browsewrap or modified clickwrap, is a contested area of contract law in the United States. Courts have applied varying standards to assess whether consumers had adequate notice of and manifested assent to updated terms. The FTC has addressed notice and consent requirements for material changes to terms of service under its unfair or deceptive practices authority. GOVERNANCE EXPOSURE: Medium. The enforceability of terms accepted by continued use depends on whether the company provided conspicuous notice of the changes. The banner on the McDonald's terms page referencing updates to age requirements and arbitration terms is a form of notice, but courts have sometimes required more affirmative assent for material changes, particularly for arbitration clauses. This presents moderate enforceability uncertainty. JURISDICTION FLAGS: California courts have scrutinized browsewrap and modified clickwrap acceptance mechanisms more rigorously than some other jurisdictions. New York has also produced case law setting notice standards for binding consumers to updated terms. EU users, if any, would be subject to GDPR consent requirements that typically require affirmative action. CONTRACT AND VENDOR IMPLICATIONS: This provision creates a low-friction mechanism for McDonald's to update material terms without requiring user re-acceptance, which reduces operational friction but increases litigation risk if users challenge whether they had adequate notice of specific changes. COMPLIANCE CONSIDERATIONS: Legal teams should confirm that the notice mechanism meets the threshold of conspicuousness required in key jurisdictions, particularly for material changes like arbitration clause updates. Consider whether a more affirmative acceptance mechanism, such as a checkbox or pop-up confirmation, would reduce enforceability risk for high-stakes provisions.
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This mechanism means users may be bound by updated terms, including new arbitration clauses or data practices, without any active confirmation of their consent.
If you continue using McDonald's website or app after terms are updated, the agreement treats your continued use as binding acceptance of all changes, including the updated arbitration and age requirement provisions.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by McDonald's.