Clickwrap and Other Types of Online Contracts: Four Principles to Follow In Creating a Legally Enforceable Electronic Agreement
U.S. Supreme Court Chief Justice John Roberts once characterized modern cell phones as “such a pervasive and insistent part of daily life that a proverbial visitor from Mars might conclude they were an important feature of human anatomy.”[1]
With the transformation of our society from handshakes and paper to electronics, and from clunky computers to handheld super computers, a wrap agreement is a staple for contract formation in the 21st century.
When written well, online contracts – including terms of service agreements and terms of use agreements – combine the security and formality of a contract with the efficiency that modern life demands. Electronic contract formats include browsewrap, clickwrap, scrollwrap and sign-in wrap agreements.
These electronic agreements allow a business to require a consumer to agree to contractual terms of service prior to doing business. … » Read the full post