Are Click Wrap Agreements Enforceable and What in the World Are They?

If you have ever purchased something online and actually gone through and read the numerous pages that are in the terms and conditions, then more power to you. Most of us do not read these terms and conditions because they are nearly impossible to read and most of use cannot understand them. These are known as click wrap agreements and they are a pain.

We have all seen them and most of us skip right over them simply to get to what we are after. This is not always a good thing and you should really understand what you are agreeing to. Here is a little more information about these agreements.

They started as an agreement that involved tearing open the package for new software. These were used so to help protect the companies and not the consumers. When you click an accept button online you are actually agreeing to any terms and conditions that are on the page. Even though you may not be able to read them because of the fine print and the fact that they are pages long you are still agreeing to the contract.

The most common use of these types of agreement is in software licenses and they are used to show users of the software that it is protected by copyright and other intellectual property laws. These agreements can be used to help specify the governing law and forum, to protect non copyrighted material, and for other limitations of use as well.

The question still remains whether or not these agreements can be enforced or not. This is still up in the air and very much depends on what part of the world you are in and what you have done to break these agreements. The biggest problem with these types of contracts is the way they are written and how easy it is to click right past them.

You have the choice to either read these long contracts or to skip past them and most of us just skip past them. This is not always the best way to go because they are important, but they may not even be enforceable. Click wrap agreements are a strange thing and you need to know exactly how to deal with them just right or you could get yourself in trouble without even knowing it.

Remember when one of those windows pops up with smaller print that you are supposed to agree to that you should read the agreement to find out what it is all about. Since you most likely will not take the time to read the full agreement you need to know what to do if you agree to one of these contracts and break it without knowing.

In any case where you are unsure and you really do feel it is necessary to understand this agreement you should consult a lawyer. There are many attorneys that specialize in writing these agreements and they can help you to figure out what the truth behind the different click wrap agreements really is.

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by jimmeelkfmitchell | 2016-02-01 14:33