Shrink-Wrap and Click-Wrap Agreements Sample Contracts
IT’S A WRAP: SHRINK-WRAP & CLICK-WRAP AGREEMENTS ARE ENFORCABLEShrink-Wrap and Click-Wrap Agreements • January 6th, 2004
Over the past decade shrink-wrap agreements have been the subject of numerous lawsuits throughout the country. More recently, click-wrap agreements have been litigated, and the majority of courts have held that both of these types of agreements are typically enforceable. Despite arguments claiming that these agreements are contracts of adhesion or that the parties were not able to negotiate the terms, the agreements are held to be enforceable. For example, in i.Lan Sys. Inc. v. Netscout Serv. Level Corp., 183 F. Supp.2d 328 (D. Mass. 2002), the court held that the click-wrap agreement was enforceable and that the purchaser had assented to the terms of the agreement by installing and using the software. This Article will briefly analyze a few of the more recent decisions and identify key points that should be followed to enhance the likelihood of enforceability. There are a few cases that have not upheld the enforceability of shrink-wrap or click-wrap agreements and some of these will b