Post Webinar: Clickwrap 101: Everything you Need to Know if you Face Litigation
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When we are talking about clickwrap we are talking about actual binding contracts that can be used for all sorts of things.
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.
Watch Now: Clickwrap 101: Everything you Need to Know if you Face Litigation
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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