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!