But these aren't paper contracts. And the way American courts are viewing the required 'mutual assent' to form a contract online is continually evolving.
There's two primary areas of concern where a suit can be lost when dealing with the enforceability of online browsewrap and clickwrap agreements. First, much of it can hinge on how your terms are displayed and accepted in the registration process. The location of a single line of text or the choice to use the words "CONTINUE" rather than "I AGREE" in a clickwrap could make the difference between you winning or losing a suit.
Second, even if your terms are well-written and well-presented, could you prove who agreed to what in the trial discovery process if you had to do so? Most sites have major issues with record-keeping, leading to a long and difficult data-mining process if you need to prove that a given user has agreed to a certain version of terms.
Still interested in losing a lawsuit because of issues with those two areas? You're in luck! We've got a roadmap for you to follow in this infographic below.
PactSafe's one-of-a-kind Digital Legal Engine repairs these two chinks in the online legal armor of your company. Let us assess your online legal risk in your clickwrap or browsewrap today, free of charge -- because no one likes losing a lawsuit.