Drafting Clickwrap and Browsewrap Agreements: Avoiding Enforceability Pitfalls
Authentication, Mutual Assent, Notice, Indemnification, Unilateral Modification, and More
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide corporate and technology counsel with guidance for drafting essential and often-disputed terms in online contracts, sometimes called “clickwrap” or “browsewrap” 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.
Outline
- Recent case law on so-called clickwrap and browsewrap agreements
- Key terms and enforceability challenges
- Notice
- User acceptance
- Mutual assent
- Authentication
- Indemnification
- Modification
- Forum selection
- Arbitration
- Other key terms
Benefits
The panel will review these and other key issues:
- How does calling online agreements "clickwrap" or "browsewrap" confuse the enforceability analysis?
- What contract terms are most frequently included in online 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?
Faculty
Steve Gold
Member
GoldTechLaw
Mr. Gold practices technology and outsourcing law, with over 30 years of experience in the field. His experience... | Read More
Mr. Gold practices technology and outsourcing law, with over 30 years of experience in the field. His experience includes a wide range of technology-related legal matters including structuring, negotiating, and advising on information technology and business process outsourcings; traditional software transactions such as commercial and strategic software licensing; large-scale systems procurement and development; and technology marketing and strategic alliances. Mr. Gold also counsels clients on legal issues relating to evolving internet business models, blockchain technology, open source software, and data security and intellectual property matters for software and information content.
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Rakesh Gopalan
Partner
McGuireWoods
Mr. Gopalan practices in the area of corporate transactions, focusing on complex technology deals as well as public... | Read More
Mr. Gopalan practices in the area of corporate transactions, focusing on complex technology deals as well as public company securities issuances and reporting requirements. He represents companies of all sizes, both vendor- and customer-side, with respect to technology and other commercial transactions, including related to large-scale IT and business process outsourcing and insourcing, enterprise resource system deployment and restructuring, software and other licensing arrangements (including open-source components, shrinkwrap and clickwrap agreements), telecommunications, internet service provision, Wi-Fi, SaaS, and other vendor and supply chain procurement matters.
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