Drafting Clickwrap and Browsewrap Agreements: Avoiding Enforceability Pitfalls

Navigating Issues of Authentication, Mutual Assent, Notice, Indemnification, Unilateral Modification, and More

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, July 6, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide corporate and technology counsel with guidance for drafting important and often-disputed terms in clickwrap, browsewrap and hybrid agreements. The panel will discuss clauses that should be included in these online agreements and explain strategies for avoiding enforceability pitfalls and resolving contract disputes.


When purchasing goods or services via the internet, or simply when engaging with websites, consumers enter clickwrap or browsewrap agreements with retailers or service providers indicating that they accept the website’s terms of use. The enforceability of these agreements has been the subject of several recent court cases.

As the legal landscape surrounding online contracts continues to evolve, corporate counsel must understand the latest standards regarding the enforceability of clickwrap and browsewrap contracts and update their agreements accordingly. Care should be taken in drafting and managing provisions affecting contract authentication, mutual assent, notice, indemnification, and unilateral modification. Counsel must also help ensure that website terms and conditions are located in a conspicuous place.

Listen as our panel of attorneys experienced in negotiating clickwrap and browsewrap agreements discusses best practices for drafting and negotiating the agreements. The panel will discuss key clauses that should be included in the contracts and provide strategies for avoiding common pitfalls and resolving contract disputes.



  1. Recent case law on clickwrap and browsewrap agreements
  2. Key terms and enforceability challenges
    1. Notice
    2. User acceptance
    3. Mutual assent
    4. Authentication
    5. Indemnification
    6. Modification
    7. Forum selection
    8. Arbitration
    9. Other key terms


The panel will review these and other key issues:

  • What contract terms are most frequently included in clickwrap and browsewrap agreements?
  • How can corporate counsel best mitigate risk when drafting the agreements?
  • What are the most commonly disputed contract terms and what are some effective strategies for resolving them?


Tara Aaron
Tara Aaron

Aaron Sanders Law

Ms. Aaron helps clients across multiple industries with licenses and disputes involving copyrights, trademarks,...  |  Read More

Rakesh Gopalan
Rakesh Gopalan


Mr. Gopalan practices in the area of corporate transactions, focusing on complex technology deals as well as public...  |  Read More

Adam Grove
Adam Grove
Senior Licensing Counsel
Magic Leap

Mr. Grove specializes in complex technology transactions. This includes patent and copyright licensing, technology...  |  Read More

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