Post Webinar: Clickwrap 101: Everything you Need to Know if you Face Litigation

Clickwrap agreements are online contracts a signer agrees to on a webpage or mobile application by clicking a button or checking a box to agree to the terms. These agreements are the fastest way to gain acceptance of your company’s terms, but they’re also highly enforceable should a dispute arise because the users’ acceptance data is captured and stored.

There are major benefits to using clickwrap which make it a better option than others:

• Users are required to take an affirmative action to manifest assent to legal terms.
• Users are required to affirmatively agree to a set of legal terms by checking a box or clicking a button that states “I agree” or some equivalent.
• User assent to the legal terms is the only purpose of the button or checkbox.

Here’s some really important things you should remember about clickwrap:

• Arbitration – 89% of clickwrap cases in 2020 were rulings on motions to compel arbitration.
• Forum Selection – Motions to transfer venue pursuant to a forum selection clause made up 6% of clickwrap cases.
• Others – Consent, class action waivers, non-competes and non-disclosure provisions are also common.

We want to make sure we are making the clickwrap experience easy for users. To do that we need to consider:

• Screen Design – keep it simple, easy to ready, and easy to navigate
• Documentation – be able to show who accepted which version of the terms
• Reasonable Notice – alert Users to the existence of the agreement with specifically clear language
• Objective Manifestation of Assent – require users to check a box to manifest assent to the terms
• Opportunity to Read – make sure there are opportunities/requirements for users to read terms and review terms via hyperlink