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How can I make my click wrap contracts, where the user/licensee clicks an "I Agree" button, enforceable?
The law is unsettled, but a good practice is to (1) make clear to the user that he/she is entering into a binding contract; (2) require the user to read (or at least scroll through) the entire agreement before being presented with the button; (3) keep complete and accurate records of each transaction; and (4) document the processes and procedures which ensure that the service is not available to (or the software is not downloadable by) any user/licensee that doesn't click the button. It's also a good idea to have the user enter identifiable information (including name) in a field prior to the button.
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