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ARTICLE · 04 AUGUST 2015

Another Example Of Why Online-Only Agreements Are Preferable

Holland & Knight
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In April 2014, Holdbrook entered into an agreement with Pro Computer Service, LLC (PCS), whereby the latter would provide IT services to Holdbrook in exchange for a monthly fee.

United StatesMedia, Telecoms, IT, Entertainment
Holland & Knight
Holland & Knight
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Richard Raysman is a Partner in the New York office.

Despite the increasing propensity of clickwrap agreements to include boilerplate language alongside the icon or button to be clicked, such as "By signing this form, you agree to all Terms and Conditions associated therewith," some entities continue to, whether intentionally or not, refuse to fall in line. As the following case illustrates, the absence of both this language and of an online-only user approval process can doom the enforceability of other contracts referenced by the clickwrap agreement. See Holdbrook Pediatric Dental, LLC v. Pro Computer Service, LLC, No. 14-6115 (NLH/JS), 2015 WL 4476017 (D.N.J. July 21, 2015)

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