Hello all – I will be participating in a ClearLaw Institute webinar at 3 p.m. Eastern Standard Time on Tuesday, October 17th, 2017. The webinar is entitled “Drafting Clickwrap and Browsewrap Agreements: Enforceability Pitfalls.” If you are interested in attending, ClearLaw has been kind enough to offer a 35% discount to friends and colleagues of mine who use this link to register. Feel free to share this link with other colleagues who have clients who are operating online businesses of any kind.
This webinar will cover the background of these court cases, recent updates on legislation, and best practices for drafting “clickwrap” or “browsewrap” agreements. Specifically, the presentation will focus on provisions affecting contract authentication, mutual assent, notice, indemnification, and unilateral modification. The course will also emphasize the need to ensure that website terms and conditions are posted in a conspicuous place. It will also explain strategies for avoiding enforceability pitfalls and resolving contract disputes. During the webinar, you will learn about:

  • How recent court cases and legislation have affected the enforceability of online agreements
  • The enforceability risks surrounding clickwrap and browsewrap agreements
  • How corporate counsel can effectively mitigate these risks and avoid enforceability pitfalls
  • What terms should be included in these agreements that are unique to the online environment
  • Best practices for resolving contract disputes

Tara Aaron

Tara helps clients across multiple industries and countries with licenses and disputes involving trademarks, copyrights, domain names, software, trade secrets, and privacy compliance. She earned her Certified Information Privacy Professional (CIPP) in U.S. Privacy Law in 2018 and in European Data Protection Law in 2019. Her clients include many technology start-ups, software developers, and website designers as well as long-standing institutional clients who come to her for representation in copyright, trademark, licensing and privacy. She also assists with the purchase and sale of intellectual property assets. She has on multiple occasions successfully obtained hijacked domain names for the rightful owners, and regularly negotiates service and technology agreements with the largest telecommunications and software providers in the country.