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White Paper

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.