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Clickwrap Agreements Terms of Service Unenforceable Contract Terms

Fenwick & West LLP

Ninth Circuit Reinforces Stricter Standards for Online User Agreements

Fenwick & West LLP on

On April 15, 2025, the Ninth Circuit issued a second decision in less than two months regarding the enforceability of a “sign-in wrap agreement,” which links users to a website’s terms of service....more

Burr & Forman

Formation and Enforcement of Online Contracts

Burr & Forman on

Businesses expect to rely on the electronic contracts that consumers enter into through online transactions, including arbitration agreements and other terms of use. But, businesses are not always successful in doing so. This...more

Proskauer - New Media & Technology

Website Design Implicated in Two Rulings on Enforceability of Online Terms – Highlights the Importance of Legal Review of Design...

This past summer, we wrote about two instances in which courts refused to enforce website terms presented in browsewrap agreements. As we noted, clickthrough agreements are generally more likely to be found to be enforced. ...more

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