El Majdoub (2015) clarifies that the validity of an online jurisdiction clause is not dependent on automatic opening of general terms by a pop-up, provided that the click-acceptance allows printing and saving before contract.

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Notice and consent in online agreements can be established through click-acceptance mechanisms. El Majdoub (2015) clarifies that the validity of an online jurisdiction clause does not depend on a pop-up opening, as long as the click-acceptance allows printing and saving the terms before contracting. Printing and saving the terms gives the user concrete access to and evidence of what they agreed to, satisfying the requirement that they were aware of and could review the clause before agreeing. The presence of a pop-up is not a mandatory condition for enforceability; what matters is that the terms, including the jurisdiction clause, are accessible and the user can review and preserve them prior to assent. Therefore, a clause can be valid even without a pop-up, provided these access and review opportunities exist.