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Clickwrap agreement enforceable between commercial parties where contract formation process was “consistent with industry standards”
  • Proskauer Rose LLP
  • USA
  • April 14 2010

A clickwrap agreement between a retail Web site operator and a commercial party was enforceable because, among other things, the online contract formation process that led to the agreement was "consistent with industry standards" and thus could not be said to be substantively unconscionable, a district court ruled.