Post Webinar: Clickwrap 101: Everything you Need to Know if you Face Litigation
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
Ironclad is not a law firm, and this post does not constitute or contain legal advice. To evaluate the accuracy, sufficiency, or reliability of the ideas and guidance reflected here, or the applicability of these materials to your business, you should consult with a licensed attorney. Use of and access to any of the resources contained within Ironclad’s site do not create an attorney-client relationship between the user and Ironclad.
- Key takeaways
- Watch Now: Clickwrap 101: Everything you Need to Know if you Face Litigation
- Dive into something interesting
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