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

This webinar will cover the differences between clickwrap, browsewrap, and sign-in-wrap and the types of evidence that are most successful in court.

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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.

Brian Powers

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.

Key takeaways

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

Dive into something interesting

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

 

Table of contents

How to Create a Clickwrap Agreement

Clickwrap agreements provide a fast, efficient signing experience. For businesses today, clickwrap agreements are crucial to moving quickly without sacrificing security. Here's how to create a clickwrap agreement. 
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