Clickthrough litigation skyrockets 626%: What you need to know about online agreements

By Gizelle Fletcher on May 1, 2019 10:10:00 AM

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. 

Topics: Clickwraps
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How a clickthrough agreement solution works for your product team, not against it

By Gizelle Fletcher on Apr 4, 2019 8:08:00 AM

The role of the product team inside your company is both strategic and tactical. Not only can this team own the blueprint for products and services, but they also do the research and all necessary prep work for the build. As the development team works on a software product, the product team manages the roadmap, implements the marketing plan, and figures out ways to improve through looking at production adoption and use and natural innovation.

Topics: Clickwraps
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5 Components of an Enforceable Clickwrap Agreement

By Gizelle Fletcher on Mar 29, 2019 3:22:17 PM

We constantly sing the praises of clickthrough (clickwrap) agreements for their ease of use and enforceability, but not all agreements are created equal. There are some best practices you need to use to create truly enforceable clickwrap agreements—here they are boiled down to five key considerations.

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5 risks for online marketplaces you aren't thinking about. Yet.

By Gizelle Fletcher on Mar 26, 2019 9:09:00 AM


Online marketplaces are booming. $1.5 trillion was spent globally in the top 75 online marketplaces in 2017 alone. Their rapidly expanding reach has also brought legal considerations to the forefront that must be given prompt attention. In this post, we'll explore 5 of the risks online marketplaces face and how to address them.

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How Adore Me uses clickthrough agreements to drive sales

By Gizelle Fletcher on Mar 18, 2019 9:09:00 AM

The sales team is one of the most visible extensions of your company and stands at the forefront of its initiatives to increase revenue and remain competitive. The sales team is responsible for optimizing the sales pipeline and converting leads into customers—a process which often includes long, interminable delays and periods of inactivity. Contracting can actually slow down your sales cycle at the exact moment it needs to be swift and frictionless.

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Can eSignatures Make Your Business More Competitive?

By Gizelle Fletcher on Mar 14, 2019 8:01:00 AM

Between 1999 and 2000, the two main eSignature laws were signed into effect: the Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA). These two laws, among others, ensure that digital signatures have the same legal status as contracts signed via pen and paper.

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Are your website terms of service enforceable?

By Brian Powers on Mar 6, 2019 9:09:00 AM

If you were asked to provide irrefutable proof that a particular user accepted your Terms of Service, would you be able to? Could you tell when or what version? If not, you have a problem.

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How to Recognize and Minimize Online Marketplace Risk

By Gizelle Fletcher on Feb 25, 2019 8:01:00 AM

In an online marketplace, there are several small but significant details that can either raise or lower your risk profile. The online marketplace is naturally rife with risk because of its rate of scale, and the increase in the number of customers and transactions processed daily.

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WEBINAR: How To Prevent Lawyers from Hacking Online Marketplace Terms of Service

By Gizelle Fletcher on Feb 18, 2019 11:01:00 AM

On March 21, PactSafe will host a webinar titled “The First Line of Defense: How Online Marketplaces Can Prevent Lawyers from Hacking Their Terms of Service” with CEO Brian Powers and the founder of the Marketplace Risk conference, Jeremy Gottschalk.

Today's consumers expect quick, cost-effective, and user-friendly service along with access to a wide range of goods and services. However, the speed and volume at which businesses must now move makes transactions open to more potential risk. Both gig economy and online marketplace transactions begin with a contract—the Terms of Service that govern the users’ interaction with your marketplace.

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How to improve your clickthrough agreement workflow and decrease legal risk

By Brian Powers on Feb 18, 2019 8:01:00 AM

This post was originally published February 2018.

There is no denying that clickthrough agreements (or clickwraps) have become both ubiquitous in our daily lives and a fundamental part of doing business. And for good reason: people expect transactions to happen fast, sometimes instantly, especially in online marketplaces, SaaS businesses, and mobile apps.

Slowing things down for contracts isn't an option. Businesses use clickthrough agreements to inject contracts seamlessly into their checkout flows, registration forms, and other moments of electronic engagement. However, a lack of workflow around your clickthrough agreements can expose your business to even more risk.

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