Forget clickwrap, we now have pull tab wrap arbitration clauses?!?!?
Why is there a pull tab arbitration clause?? Has anyone tested the validity of this? This seems akin to a browserwrap more so than a clickwrap arb clause.
January 27, 2025 at 6:29 PM
Forget clickwrap, we now have pull tab wrap arbitration clauses?!?!?
just once I want to see clickwrap arguments go both ways
September 17, 2026 at 10:48 PM
just once I want to see clickwrap arguments go both ways
Why is there a pull tab arbitration clause?? Has anyone tested the validity of this? This seems akin to a browserwrap more so than a clickwrap arb clause.
January 27, 2025 at 5:30 PM
Why is there a pull tab arbitration clause?? Has anyone tested the validity of this? This seems akin to a browserwrap more so than a clickwrap arb clause.
Clickwrap agreements are increasingly unenforceable across the board. One for mandatory arbitration? For a free trial? The judge just might have their lawyers hanged
August 14, 2024 at 4:50 AM
Clickwrap agreements are increasingly unenforceable across the board. One for mandatory arbitration? For a free trial? The judge just might have their lawyers hanged
Tired: Webwrap
Wired: Clickwrap
Inspired: PullTabWrap
Wired: Clickwrap
Inspired: PullTabWrap
January 27, 2025 at 5:56 PM
Tired: Webwrap
Wired: Clickwrap
Inspired: PullTabWrap
Wired: Clickwrap
Inspired: PullTabWrap
Putting the blatant fear mongering aside, let's look at the legal aspect. Is this legal?
The short answer: yes*
You can put anything in a contract. It's the *enforceability that makes a difference. hakimlawgroup.com/clickwrap-ag...
The short answer: yes*
You can put anything in a contract. It's the *enforceability that makes a difference. hakimlawgroup.com/clickwrap-ag...
Clickwrap Agreement vs Browsewrap Agreement
View our latest blog: Clickwrap Agreement vs Browsewrap Agreement. To learn more, visit www.HakimLawGroup.com or call us at 310.993.2203
hakimlawgroup.com
December 18, 2025 at 6:54 AM
Putting the blatant fear mongering aside, let's look at the legal aspect. Is this legal?
The short answer: yes*
You can put anything in a contract. It's the *enforceability that makes a difference. hakimlawgroup.com/clickwrap-ag...
The short answer: yes*
You can put anything in a contract. It's the *enforceability that makes a difference. hakimlawgroup.com/clickwrap-ag...
Law professors: New clickwrap hypothetical just dropped.
Trump goes apeshit at Anthropic for not letting him do what he wants.
February 27, 2026 at 9:55 PM
Law professors: New clickwrap hypothetical just dropped.
Explains why software is chock full of war fighter license agreement clickwrap
September 23, 2026 at 5:06 AM
Explains why software is chock full of war fighter license agreement clickwrap
Plus whenever Disney buys a company they buy all those clickwrap agreements, so you don’t necessarily even need to have made that agreement with Disney at the time!
August 14, 2024 at 7:17 AM
Plus whenever Disney buys a company they buy all those clickwrap agreements, so you don’t necessarily even need to have made that agreement with Disney at the time!
Don't allow burden shifting by clickwrap on it
August 7, 2025 at 2:40 AM
Don't allow burden shifting by clickwrap on it
there are often big panics around terms and condition changes that go viral, but this one seems to have distinguished itself by clickwrap contract permission to *take academics’ literal voices and use them to market the platform?*
September 18, 2025 at 10:08 AM
there are often big panics around terms and condition changes that go viral, but this one seems to have distinguished itself by clickwrap contract permission to *take academics’ literal voices and use them to market the platform?*
Litigation around clickwrap terms is…fraught.
September 25, 2026 at 9:40 PM
Litigation around clickwrap terms is…fraught.
When I was still in Montreal I pleaded the trial of one of the first clickwrap licensing cases in Canada. I had to explain to the judge how e-commerce worked, which required me to explain the Internet and how one used a modem to access it.
Reading about tech in legal opinions is going to be fun because of things like this.
I'm surprised they called it a CPU, I remember in '98 everyone calling a PC tower the "modem."
I'm surprised they called it a CPU, I remember in '98 everyone calling a PC tower the "modem."
May 31, 2025 at 6:25 PM
When I was still in Montreal I pleaded the trial of one of the first clickwrap licensing cases in Canada. I had to explain to the judge how e-commerce worked, which required me to explain the Internet and how one used a modem to access it.
Did you see my fun with clickwrap yesterday?
OK, that's it. The straw that broke the camel's back. The world has gone too far. I'm being asked to agree to terms of service in order to view my son's school lunch menu!
August 14, 2024 at 7:38 PM
Did you see my fun with clickwrap yesterday?
Did you really, materially consent? Because “clickwrap” sneak-it-in TOS might be susceptible to challenge.
September 25, 2026 at 10:34 PM
Did you really, materially consent? Because “clickwrap” sneak-it-in TOS might be susceptible to challenge.
Is there a clickwrap waiver of liability?
May 9, 2025 at 10:55 PM
Is there a clickwrap waiver of liability?
A question: if SCOTUS weren't burning at the moment, and a company decided to test, say, the derivative works license by profiting off a derivative work, would that aggressive use be found unconscionable in light of adhesion/clickwrap issues?
July 15, 2025 at 12:52 PM
A question: if SCOTUS weren't burning at the moment, and a company decided to test, say, the derivative works license by profiting off a derivative work, would that aggressive use be found unconscionable in light of adhesion/clickwrap issues?
I HAVE NO TIME FOR YOUR CLICKWRAP FINE PRINT! THEY'RE LOW DOWN DIRTY THIEVES!
September 18, 2024 at 2:13 PM
I HAVE NO TIME FOR YOUR CLICKWRAP FINE PRINT! THEY'RE LOW DOWN DIRTY THIEVES!
Hey Lawsky -
Here's your contract law not-hypothetical hypothetical for the day:
If you are setting up a new device, and it's sitting at a clickwrap-acceptance point while you do other stuff, and your kitten walks across the trackpad resulting in a "click" on the accept button, are you bound?
Here's your contract law not-hypothetical hypothetical for the day:
If you are setting up a new device, and it's sitting at a clickwrap-acceptance point while you do other stuff, and your kitten walks across the trackpad resulting in a "click" on the accept button, are you bound?
September 20, 2023 at 6:34 PM
Hey Lawsky -
Here's your contract law not-hypothetical hypothetical for the day:
If you are setting up a new device, and it's sitting at a clickwrap-acceptance point while you do other stuff, and your kitten walks across the trackpad resulting in a "click" on the accept button, are you bound?
Here's your contract law not-hypothetical hypothetical for the day:
If you are setting up a new device, and it's sitting at a clickwrap-acceptance point while you do other stuff, and your kitten walks across the trackpad resulting in a "click" on the accept button, are you bound?
Yes, clickwrap is very very enforceable so long as it's not hidden or manipulated clicking
November 12, 2023 at 2:31 PM
Yes, clickwrap is very very enforceable so long as it's not hidden or manipulated clicking
a clickwrap TOS end run on the Constitution?
June 23, 2026 at 4:41 PM
a clickwrap TOS end run on the Constitution?
🚀 Just published: ClickTerm — Legally binding clickwrap agreements with proof of consent
Create enforceable digital agreements with verifiable proof of acceptance. GDPR-compliant clickwrap solution with audit trails, version control, and developer APIs.
Create enforceable digital agreements with verifiable proof of acceptance. GDPR-compliant clickwrap solution with audit trails, version control, and developer APIs.
ClickTerm: European Alternative to DocuSign, PandaDoc and Adobe Acrobat Sign – EuroAlternative
Create enforceable digital agreements with verifiable proof of acceptance. GDPR-compliant clickwrap solution with audit trails, version control, and developer APIs.
euroalternative.eu
May 25, 2026 at 10:00 AM
🚀 Just published: ClickTerm — Legally binding clickwrap agreements with proof of consent
Create enforceable digital agreements with verifiable proof of acceptance. GDPR-compliant clickwrap solution with audit trails, version control, and developer APIs.
Create enforceable digital agreements with verifiable proof of acceptance. GDPR-compliant clickwrap solution with audit trails, version control, and developer APIs.
The answer is: it depends on the judge.
Some judges will find, correctly, that a liquidated damages clause in a clickwrap agreement with no consideration can't be enforced.
Other judges will see their hero Elon Musk suing libs and think that's very legal and very cool.
Some judges will find, correctly, that a liquidated damages clause in a clickwrap agreement with no consideration can't be enforced.
Other judges will see their hero Elon Musk suing libs and think that's very legal and very cool.
October 17, 2024 at 12:06 AM
The answer is: it depends on the judge.
Some judges will find, correctly, that a liquidated damages clause in a clickwrap agreement with no consideration can't be enforced.
Other judges will see their hero Elon Musk suing libs and think that's very legal and very cool.
Some judges will find, correctly, that a liquidated damages clause in a clickwrap agreement with no consideration can't be enforced.
Other judges will see their hero Elon Musk suing libs and think that's very legal and very cool.
It really feels like this is the path we are working towards with the always online, AI “enhanced” photos that almost certainly have some clickwrap agreement that means we don’t actually own the photos.
August 25, 2024 at 5:20 PM
It really feels like this is the path we are working towards with the always online, AI “enhanced” photos that almost certainly have some clickwrap agreement that means we don’t actually own the photos.