with the enforceability of clickwrap agreements
, see generally Kevin W.
90) See Terenzi, supra note 15, at 1079 (stating that a user assents to a clickwrap agreement
by clicking the link that says "I agree").
Concernant le Click-Wrap, voir aussi Jallali, supra note 181 a la p 1174 : "The primary focus when deciding whether a clickwrap agreement
is enforceable is whether the party clicking it had reasonable notice of and manifested assent to the agreement >>.
Similar to those of a clickwrap agreement
, the terms of an e-commerce agreement are often not presented to the website user; the user must actively follow a link to read the agreement.
This has been the same result found by Canadian courts looking at the enforceability of forum selection clauses in clickwrap agreements
in cases such as Rudder v.
standard clickwrap agreement
, whereby access to its services would be
1996) (discussing jurisdiction over defendant who entered into a clickwrap agreement
with CompuServe via Internet).
Tompkins, 2014 WL 2903752, at *6 (Stating that "the [terms of service ("TOS")] resemble clickwrap agreements
, where an offeree receives an opportunity to review terms and conditions and must affirmatively indicate assent .
are the checkboxes we all tick off (but rarely ever read) when installing new software.
Part II discusses briefly the enforceability of shrinkwrap and clickwrap agreements
, particularly in light of UCITA.
They read the relevant sections to require electronic standard forms to be presented as clickwrap agreements
Other courts have used ProCD to uphold the validity of shrinkwrap, browsewrap, and clickwrap agreements