Different user experience with javascript on/off
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I was wondered if the site is serving different user experience when JS is disabled is sort of cloaking
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This is probably not cloaking as long as it's not malicious. Engines are going to have a non-js view by default for the most part, so that is the version they will see anyway. You can check Google text-only cache of the page to see how they are seeing it.
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Yes, Dan is correct. As long as the intent is not malicious, you should be good. Moreover, it is a common practice where a JS overlay is displayed before the actual site is served. For example, the adult sites and liquor related websites show an age gate page using JS overlay technique for the human visitors to confirm their age before they can access the website but the search engines bots (like the Google bot) do not see the JS overlay and can directly access the website. With this kind of setup in place, there is nothing to worry about different experience being served to visitors and bots. This is definitely not considered, cloaking. Hope it helps.
Best regards,
Devanur Rafi