Georgia Guidelines for Drafting Shrink Wrap and Click Wrap Agreements
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FAQ
Typically used for Terms of Service agreements, browsewrap agreements use notices like banners and hyperlinks to tell users about the contract. However, most browsewrap agreements aren't enforceable in court. This is because users: Don't usually take the time to read what's in the banner or access the hyperlink.
Is a clickwrap agreement legally enforceable? Yes, clickwrap agreements are legally enforceable. Under the U.S. federal Electronic Signatures in Global and National Commerce Act (?ESIGN?), clickwrap agreements and other forms of electronic signatures hold the same status as ?wet ink? signatures.
An example of browsewrap where the terms are clickable: "By browsing this website, you acknowledge and agree that your access to information on these pages constitutes acceptance." This paragraph has links for various items such as "Privacy Policy" or "Terms".
Browsewrap agreements (also referred to as ?browserwrap? or browse wrap license) are online contract or license agreements commonly used by websites, which state that by using the website the user assents to the site's Terms and conditions, often presented via a hyperlink.
A common click wrap agreement example is software licensing. In this case, a user must agree to the terms and conditions before downloading software. Other examples include registering a social media account, NDA agreements, cookie policies, data processing agreements, and Statements of Work (SOWs).
Scrollwrap agreements interrupt whatever the user is doing on a website with a pop-up or a separate page containing the website or transaction's terms of service. Scrollwrap agreements then require the consumer to scroll down through the entire agreement and click a box to agree to the terms.
Unlike the shrink wrap agreements where the terms of the agreement are hidden inside the box, in case of click wrap agreements, all the terms and conditions are accessible prior to acceptance, either in the same window or through a hyperlink.
