Check out REGISTER.COM, INC., v. VERIO
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Its not great for BRS:
"P sues D in contract for the price of the apples taken. D defends on the ground that on no occasion did he see P's price notice until after he had bitten into the apples.
D may well prevail as to the first apple taken. D had no reason to understand upon taking it that P was demanding the payment. In our view, however, D cannot continue on a daily basis to take apples for free, knowing full well that P is offering them only in exchange for 50 cents in compensation, merely because the sign demanding payment is so placed that on each occasion D does not see it until he has bitten into the apple."
And the court even stated:
"
We recognize that contract offers on the Internet often require the offeree to click on an “I agree” icon. And no doubt, in many circumstances, such a statement of agreement by the offeree is essential to the formation of a contract."
Also what the court is saying is that viewing this services orientated website conferred a benefit on the viewing party. Thats consideration necessary for a contract, to enforce the websites terms, reasonably assertainable.
"It is standard contract doctrine that when a benefit is offered subject to stated conditions, and the offeree makes a decision to take the benefit with knowledge of the terms of the offer, the taking constitutes an acceptance of the terms, which accordingly become binding on the offeree"
A notable difference for BRS is that the website offers no service. Viewing it us not consideration to any agreement.
BRS needs the buyer to agree to all terms, explicitly or by reference, at checkout IMO.
