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You Really Need to Track Your Website Legal Agreements.

A recent case in Wisconsin Federal Court illustrates perfectly the importance of properly tracking and managing website legal agreements.

Topics: Managing Website Legal Website Legal Agreement Case Studies Why Most Sites Do It Wrong Case Law Reports

Clickwrap Agreements - More than Just Checking a Box!

Clickwrap agreements have been widely held to be enforceable by many courts. Generally, a clickwrap agreement has website users click a box that states “I Accept” when agreeing to a website’s terms and conditions. In the present case, Moretti v. Hertz, the Plaintiff reserved a Hertz rental car from a Hotwire website. Before completing the reservation on Hotwire, Plaintiff was required to accept Hotwire’s Terms of Use. Plaintiff claimed that he was quoted one price and was later charged nearly double the quoted price after returning the vehicle to Hertz. Plaintiff filed suit in California, but Hertz wanted to enforce a forum-selection clause to transfer the case to Delaware. The primary issues for the court to determine include whether the Plaintiff agreed to a forum-selection clause in the clickwrap agreement and if Hotwire has met its burden of proof that Plaintiff agreed to the forum-selection clause contained in the Terms of Use.

Topics: Website Legal Agreements Clickwraps Case Law Reports