We’re all accustomed to seeing notices on websites advising that we must “click here to accept these terms and conditions,” but we rarely to stop and think about what those provisions mean. In most situations, a “click here to accept” provision is intended by the website operator to create a binding contract with anyone who clicks. When you click, do you realize that you are signing a contract?
We’ve come a long way since the late 1990s, when courts struggled to determine whether a click-through agreement would be enforceable or not. But there is still a wide disparity between the level of clarity and consistency practitioners would hope to see in their contracts and the quality of online drafting we find in many click-through agreements. If you or your clients do business on the Web and have click-through agreements, here are four things you should check in those agreements.
1. Can Your Parents Understand It?
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