With downloadable software, e-commerce and streaming media services commonplace, individually negotiated consumer contracts have largely been abandoned for practical reasons. Webpages or pre-installation screens typically contain standardized clickwrap agreements, which are intended to take the place of any direct bargaining between the parties. These agreements generally require online users to indicate their assent to the terms of an online agreement by means of conduct, such as by clicking on an "I agree" button before accessing content, completing a purchase, enrolling with a service provider, or installing software.
This article will discuss the various types of online agreements, including the more modern hybrid clickwrap transactions, as well as the characteristics of enforceable online agreements.
Clickwrap Agreements
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