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What is a Clickthrough Agreement? [60 Second Law Bite]

Hey everyone, it’s attorney Brian Russ coming at you with another 60 second law bite. Today’s topic is on what is a click through agreement. Now the word click through agreement, that phrase, is generally used to encompass all the different types of wrap agreements that you find in online contracting. So whether it’s click wrap browser wrap, sign in wrap, wrap wrap, whatever it is, clicked through essentially means it’s an agreement where the assent of the offeree, the person accepting the contract, is where their assent to the contract is shown by having to click on something. So a click through agreement is essentially as a contract where the assent of one of the parties is shown by them clicking on something, whether it’s a checkbox or radio button, they have to click on a link, to click on something saying they’ve read something, whether they’re tapping something on their phone, a click through agreement is showing the acceptance by clicking on some type of button or interactive feature. Sometimes you see these in parts where it says “by clicking, sign up below, you agree to these terms.” Those are literally some of the worst types that you can accept because it’s not showing an actual assent to the terms, I mean it is, but it’s kind of weak. Usually it’s better to have a two step process where you check the box saying yes, and then you say sign up. Anyway so, a click through agreement is a contract where the assent of the person accepting the offer shows they’re sent by clicking on something.

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