If your website employs a Clickwrap agreement, there are a number of practices you should follow to make sure that agreement is enforceable should you ever need to enforce it. Your clickwrap agreement is there for a reason - and is likely intended to provide all sorts of legal protections for your website / business (disclaimers, limitations on liability, binding arbitration…lots of stuff…talk to your lawyer!) – but if its not enforceable then it does you no good at all. Below are some of the best practices we have found:
- Provide conspicuous presentation of the website legal agreements during website registration or other clickable transactions with users.
- Make sure the user is provided notice that acceptance of the website legal agreement is required to proceed with its clickable transaction.
- Obtain clear manifestation of acceptance from the user. This could be in the form of a check box combined with a statement that checking the box indicates acceptance of a particular agreement.
- Give the user a clear opportunity to review the website legal agreements. Consider presenting the agreements in a scroll box, and providing an opportunity to download or print the agreement.
- Track what version was in place when a user accepted a website legal agreement. Always know what version of a website legal agreement was in place on any given date.
- Don’t make any unilateral changes to the website legal agreements - make sure to obtain and record a manifestation of acceptance of any modification.
Need help making sure you follow these tips and more? PactSafe can help - check out our website to learn more!