Get Uniform Land Use Review Procedure

A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.

The short answer is yes. Courts across the United States have confirmed that clicking on a checkbox is akin to a signature on a written contract. Essentially, by clicking I agree or I accept, the consumer provides the mutual assent required to form a legally binding agreement.

Checkboxes represent a quick and easy way to acquire electronic signatures. When used properly, they even meet legal requirements similar to other digital signature formats.

The court requires “an expressly affirmative act” including the clicking of a checkbox that in effect alerts the user as to the significance of that act. As long as the user expressly takes such action the court feels they have reasonably manifested their assent.

While the terms “digital signature” and “electronic signature” are often used interchangeably, there are in fact differences. Electronic signatures, or eSignatures, are the electronic equivalent of a handwritten signature.

Checkboxes and Buttons Many agreements are “signed” by simply checking a box. These clickwrap agreements are among the most common acceptance methods for high-volume contracting. A clickwrap agreement is also known as: click-accept.

The benefit of having a checkbox signifying acceptance of online Terms of Service is that once the box is checked, courts routinely enforce the Terms. If there is no checkbox, then a court needs to look into whether the user had actual or constructive knowledge of the Terms.

Checkboxes aren't just good for making the signing process simple — they can also serve as their own form of electronic signature called “clickwrap.” Clickwrap is a simple way for a signer to indicate that they agree with the terms set out in a document.

Clicking a button or checking a box in order to indicate your assent fulfills the requirement that “intent to sign” is demonstrated by the signer. In other words: since the signer has to actively click a button that clearly informs them they are agreeing to a contract, they are showing they intended to sign.