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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.
This is the case for written contracts, digital legal documents, or agreements over text, email, or other forms of communication. As long as these conditions are met, text messages and other forms of electronic communication are considered legally enforceable contracts in court.
In order for a contract to be considered binding, it must include the basic elements of a contract, including offer and acceptance, consideration, mutuality or intention, legality, and capacity. If a contract includes all of these elements, it is most likely a binding contract.
Enforcement. To enforce your business contract, you should start by contacting the other party to see if she intends to perform -- to fulfill her part of the agreement. If the other party has not substantially performed on the contract after being provided notice, you may institute legal action for breach of contract.
Also known as a clickthrough agreement and clickwrap license. A form of agreement used for software licensing, websites, and other electronic media. It requires the user to agree to terms and conditions before using a website or completing an installation or online purchase process.
If a chain of text messages includes necessary contractual language, the text messages are legally binding. It's important to avoid inadvertent text message contracts that may become legally binding. Including the language subject to contract, the same as in all email communications, may clarify your intent.
Give reasonable notice before termination of services: The user should be informed about the TOS in clear words like Terms and Conditions, Privacy Policy, User Contract must be written in a font that is understandable by the user. Clear notice of the Contract makes the Contract enforceable in a Court of law.
Is clickwrap legally enforceable? Yes, clickwrap agreements (provided they are designed, presented, and tracked in compliance with best practices) are just as enforceable as both traditional wet ink signatures and electronic signatures in the US.
When a breach of contract occurs or is alleged, one or both of the parties may wish to have the contract enforced on its terms, or may try to recover for any financial harm caused by the alleged breach. If a dispute over a contract arises and informal attempts at resolution fail, the most common next step is a lawsuit.