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Yes, clickwrap agreements (provided they are designed, presented, and tracked in compliance with best practices) are just as enforceable as both traditional wet ink signatures and electronic signatures in the US.

Legally binding contracts are agreements made between two or more parties that are enforceable by law and are valid according to federal and state contract laws. Because a contract is legally binding, all parties must follow the terms and do what the contract says they should.

An electronic signature is capable in law of being used to execute a document (including a deed), provided that the signatory intends to authenticate the document and that any relevant formalities, such as the signature being witnessed, are satisfied.

In 2000, the U.S. federal government passed the Electronic Signatures in Global and National Commerce Act (ESIGN), which in tandem with the Uniform Electronic Transactions Act (UETA) confirms that electronic signatures constitute legally binding documents if all parties choose to sign digitally.

The short answer is yes. Courts across the United States have confirmed that clicking on a checkbox is akin to a signature on a written contract. Essentially, by clicking ?I agree? or ?I accept,? the consumer provides the mutual assent required to form a legally binding agreement.

In order for a contract or agreement to be legally binding, there needs to be consideration, which is when both parties acknowledge they know what they're agreeing to. If a person gets tricked, coerced, or forced into an agreement, this won't be considered legally binding.

Is there a contract? No. Agreements to Agree are unenforceable as a whole. In other words, the Agreement to Agree is unenforceable, and the contemplated agreement in the Agreement to Agree is also unenforceable.