Incorporation by Reference in a Clickwrap Agreement

How explicit does a click-wrap agreement have to be concerning updates and revisions that may later be incorporated into the agreement?  In Noll. v. eBay, Inc., No. 5:11-CV-04585 (N.D. Cal., April 23, 2012), the court denied eBay… Read More

Enforceability of a Forum Selection Clause in a Clickwrap Agreement

Here are two cases that provide a further reminder of the power of clickwrap agreements, and that a party offering a clickwrap agreement can avail itself of that power only by properly presenting essential clickwrap agreement term… Read More

Clickwrap Agreement Is Binding (But Arbitration Provision Is Not)

A “clickwrap” agreement can form a binding contract even when all agreement terms are not included in the document to which the user assents, and the user must access other documents to be informed of the entire contract. Gros… Read More