The Double Hyperlink Quandary In User Agreement Litigation

Law360 (August 31, 2020, 3:18 PM EDT) -- We live in a world of agreements executed by click rather than signature, with the two most common internet agreements being browsewrap and clickwrap agreements.

Browsewrap agreements are those in which the user agrees to the terms simply by using a website or product. The majority of courts do not enforce this type of agreements, unless there is other evidence of assent. Clickwrap agreements, on the other hand, are those in which the user has to click "OK" or "I agree" before using a website or service. Most courts enforce clickwrap agreements.

There are several versions of clickwrap agreements. One type...

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