New Hampshire Guidelines for Drafting Shrink Wrap and Click Wrap Agreements are legal considerations and principles that businesses and individuals in New Hampshire should follow when creating such agreements. These guidelines are designed to ensure fairness, transparency, and compliance with applicable laws, protecting both parties involved in these types of contracts. Shrink Wrap Agreements: Shrink wrap agreements refer to the terms and conditions that are presented to the user upon unwrapping or breaking the seal of a physical product or software package. The following are key guidelines to consider when creating shrink wrap agreements in New Hampshire: 1. Clarity and Ambiguity: The terms and conditions should be written in clear, concise language that the average consumer can understand. Ambiguous or confusing language may render the agreement unenforceable. 2. Reasonable Notice: The agreement should provide reasonable notice to the user that by opening the product packaging, they are agreeing to the terms and conditions outlined. This notice should be clearly visible and conspicuous. 3. Essential Terms: Ensure that the key terms of the agreement, such as limitations of liability, warranty disclaimers, and dispute resolution provisions, are clearly stated and prominently displayed. 4. Non-oppressive Terms: Avoid terms that are unfair or excessively one-sided. Provisions that limit a user's rights excessively or impose unfair burdens on them may be deemed unconscionable and unenforceable. Click Wrap Agreements: Click wrap agreements are contracts that users accept by clicking an "I agree" or similar button when accessing or using a website or software application. The New Hampshire guidelines for drafting click wrap agreements include: 1. Easy Accessibility: Make the terms easily accessible before or during the acceptance process. Provide a clear, visible link to the terms and conditions that allows users to review them before agreeing. 2. Affirmative Action: Users must take an affirmative action, such as clicking "I agree" or a similar button, to indicate their acceptance of the terms. Passive acceptance, such as pre-ticked checkboxes, is generally not enforceable. 3. Clear and Conspicuous Notice: Ensure that the notice about the agreement's existence and the importance of reviewing the terms is clearly visible and conspicuous. Users should not be able to overlook or miss the notice easily. 4. Unenforceable Terms: Avoid including unfair or illegal terms that may render the agreement unenforceable. Certain provisions, such as mandatory arbitration clauses or class action waivers, may be subject to scrutiny under New Hampshire law. It's crucial to consult with legal professionals familiar with New Hampshire contract law to ensure compliance with all applicable guidelines and regulations. These guidelines are intended to provide a broad overview, but legal advice tailored to specific circumstances is essential for drafting valid and enforceable shrink wrap and click wrap agreements in New Hampshire.