Click-Through Contracts: How to Make Them Stick (Sep 2001)

September, 2002


A “Click-Through” agreement is any legal document contained within computer software, whether online or offline, by which the vendor seeks to enter into a binding contract with the user of that website or software. Instead of scribbling your “John Hancock,” you click a button, check a box, or otherwise indicate your electronic assent. As a relatively new form of contracting, these electronic agreements have created a dilemma for lawmakers and have resulted in several lawsuits. For the vendor, creating an enforceable agreement requires familiarity with these decisions to see what works, and what does not.