Arkansas Guidelines for Drafting Shrink Wrap and Click Wrap Agreements

• Category: Technology - Doing Business
• State: Multi-State
• Control #: US-DB0806BAM
• Format: Word; Rich Text

Description

This form is a detailed contract regarding software or computer services. Suitable for use by businesses or individual contractors. Adapt to fit your specific facts. The Arkansas Guidelines for Drafting Shrink Wrap and Click Wrap Agreements serve as a framework for businesses and individuals in Arkansas to create legally enforceable contracts that utilize these digital agreement methods. Shrink wrap and click wrap agreements are commonly used in various industries, including software licensing, online purchases, and cloud-based services. Shrink wrap agreements typically involve the wrapping of a physical product, such as software, with terms and conditions that must be accepted before the product can be used. On the other hand, click wrap agreements involve the display of terms and conditions on a website or during software installation, with users being required to click "I agree" or a similar button to proceed. When drafting these agreements in Arkansas, it is crucial to adhere to the following guidelines: 1. Clear and Conspicuous Display: Both shrink wrap and click wrap agreements must present terms and conditions in a clear and conspicuous manner. Font size, placement, and formatting should be designed to ensure that users can easily access and comprehend the provisions. 2. Unambiguous Language: The language used in these agreements should be straightforward, avoiding complex legal jargon that may confuse users. It is important to use terms that are easily understood by the average user. 3. Notice of Acceptance: Shrink wrap agreements should include a statement clearly indicating that by opening the product packaging, the user agrees to the terms and conditions contained within. Click wrap agreements should similarly require users to explicitly indicate their acceptance through a checkbox or similar mechanism. 4. Separability of Terms: In Arkansas, it is advisable to include a severability clause specifying that if any provision of the agreement is found invalid or unenforceable, the remaining provisions will still be legally binding. 5. Governing Law and Jurisdiction: It is crucial to specify that Arkansas law will govern the agreement and that any disputes will be resolved in Arkansas courts. By following these guidelines, businesses and individuals can draft shrink wrap and click wrap agreements that are legally sound and enforceable in Arkansas. It is important to consult with an attorney to ensure compliance with specific state laws and to address any industry-specific concerns.

The Arkansas Guidelines for Drafting Shrink Wrap and Click Wrap Agreements serve as a framework for businesses and individuals in Arkansas to create legally enforceable contracts that utilize these digital agreement methods. Shrink wrap and click wrap agreements are commonly used in various industries, including software licensing, online purchases, and cloud-based services. Shrink wrap agreements typically involve the wrapping of a physical product, such as software, with terms and conditions that must be accepted before the product can be used. On the other hand, click wrap agreements involve the display of terms and conditions on a website or during software installation, with users being required to click "I agree" or a similar button to proceed. When drafting these agreements in Arkansas, it is crucial to adhere to the following guidelines: 1. Clear and Conspicuous Display: Both shrink wrap and click wrap agreements must present terms and conditions in a clear and conspicuous manner. Font size, placement, and formatting should be designed to ensure that users can easily access and comprehend the provisions. 2. Unambiguous Language: The language used in these agreements should be straightforward, avoiding complex legal jargon that may confuse users. It is important to use terms that are easily understood by the average user. 3. Notice of Acceptance: Shrink wrap agreements should include a statement clearly indicating that by opening the product packaging, the user agrees to the terms and conditions contained within. Click wrap agreements should similarly require users to explicitly indicate their acceptance through a checkbox or similar mechanism. 4. Separability of Terms: In Arkansas, it is advisable to include a severability clause specifying that if any provision of the agreement is found invalid or unenforceable, the remaining provisions will still be legally binding. 5. Governing Law and Jurisdiction: It is crucial to specify that Arkansas law will govern the agreement and that any disputes will be resolved in Arkansas courts. By following these guidelines, businesses and individuals can draft shrink wrap and click wrap agreements that are legally sound and enforceable in Arkansas. It is important to consult with an attorney to ensure compliance with specific state laws and to address any industry-specific concerns.