The Effectiveness of Clickwrap for Legally Enforceable Agreements

The use of clickwrap technology has experienced explosive growth as a convenient and effective way to enter into an agreement with both consumer and commercial customers.

The term “clickwrap” is commonly used to designate a particular process for entering into a contract online, wherein the company offering its products or services displays agreement terms which the prospective customer accepts by clicking a button and/ or by checking a box (e.g., “I Agree”).

This whitepaper discusses:

• The laws that support clickwrap agreements

• Certain general principles of contract formation that are applicable regardless of the medium

• Strategies for designing an electronic presentation platform or process to ensure a binding, enforceable and admissible clickwrap agreement

• Other considerations when contracting in an electronic environment.