Thank you for the link to the post about just putting a label next to the Checkout button as an alternative.
I found this interesting since I have been discussing with a customer the need for a checkbox which a user must actually check. His attorney called this "affirmative action" and told him that was the way to go.
This is what I got from reading the legal decision from the link:
If terms and conditions are displayed on the same page as the checkout button, and the user has to scroll through them to reach the button, and cannot proceed without both scrolling through the terms and clicking the button, this is a clickwrap agreement. The court found it enforceable.
In cases where there is no checkbox and no display on the same page of the terms and no affirmative action by the user to bring up a display of terms (browsewrap) the terms were not considered binding.
So the conclusion I drew is that just having the checkout button with a label saying "by clicking you agree..." does not seem like enough, unless the terms are also displayed.
I am not a lawyer so maybe I got this wrong.
But in any case, I think I need to do what the customer asks and use the checkbox.
My customer tried to find a way to use option fields to get around the fact that the checkbox and text disappear if the Change button is pressed to change the location zip and anything but Cancel is pressed next (even if the zip is not changed).
He used radio buttons to ask whether the item is being shipped to the state for which the zip is displayed. (You can see this on his item called "702700 '67 Chevelle Camaro 396 Quadrajet". If the Ship to CT option answer is changed using the Change button once the cart details are displayed, the checkbox and terms and conditions text disappear and the Checkout button appears.
Here is a link to the page where this is happening. Please excuse the look of the site as it is only in very rough draft mode to allow the customer to get familiar with and test ecwid.
The browsers I tested with are Firefox 3.6.13, Chrome 9.0.597.98, IE7, IE8 and Safari 4.0.3.
Thanks very much for your help.