This is the second part of our two part series on clickwrap agreements. Our first post (Should you worry about Clickwrap?) explored concerns around clickwrap agreements, as well as potential difficulties around their implementation and successful integration into contracting workflows. This post will discuss how clickwrap can benefit your organization, your end customer, or partners.
Esignature vs. Embedded Signing vs. Clickwrap
There are many ways to sign a document; each type of esignature method has a time and place for ideal use. The key to driving efficient contract workflows is both knowing which methods of acceptance to use and understanding how having multiple ways to sign a contract in your toolbox provides the most value.
This is the first of a two-part series on clickwrap agreements, and it will explore what should concern you, as a business and as a consumer, about this latest digital agreement type.
(Indianapolis - August 21, 2019) - PactSafe, the leading high-velocity contract acceptance platform, today released findings from their Clickwrap Litigation Trends study. The report includes findings from a study of more than 1000 cases summarizing clickwrap litigation trends over the past 16 years and reveals what influences of validity for those agreements.
On June 10, 2019, a federal court in Washington dismissed Church v. EXPEDIA INC., a class action lawsuit against Expedia, Hotels.com and other travel sites.
If your terms were to be enforced and your clients were to take you to court, could your terms hold up? Do you even know what you need to bring to court? Even more, what types of evidence are more likely to be successful in enforcing your online agreement in court, or better yet, compelling arbitration?
There are many factors that influence the success rates of online agreements in court, but not all methods created equal, and they are certainly not equally effective. Luckily, there is new research to help guide best practices for achieving successful outcomes.
Sooner or later, you will be sued. As it is inevitable, the question of "when" is less important than whether or not you are prepared for your terms to be enforced. Are you certain that your online legal agreements--clickwrap, sign-in-wrap, and browsewrap--can hold up in court? In our 3-post series, we will detail the three common types of online agreements, case law examples, and the factors that influence their enforceability in court. This post (number two of three articles) is dedicated to sign-in-wrap agreements. (Read the first post on clickwrap agreements here.)
Sooner or later, you will be sued. Because it is inevitable, the question of "when" is less important than whether or not you are prepared for your terms to be enforced. Are you certain that your online legal agreements--clickwrap, sign-in-wrap, and browsewrap--can hold up in court? In our 3-post series, we will detail the three common types of online agreements, case law examples, and the factors that influence their enforceability in court. Our first post is dedicated to clickwrap agreements.
Increasingly, B2B and B2C companies are moving their businesses online in order to take advantage of the speed, convenience, and popularity of the internet. And as contracts govern the relationship between the website owner and the user, the contracts also need to be hosted and accepted online. As a result, these companies often utilize clickthrough agreements to capture user acceptance of the contract terms. However, clickthrough litigation has increased 626% since 2002. As the volume of clickthrough-related cases increases, the more important it becomes for businesses to know more about the types of online agreements, how they are formed, and what gives you the best chance of defending them in court.