Clickwrap agreements, by their very nature, garner approval. Because a clickwrap requires the user to manually click «I agree» before continuing, the low approval bar is easier to demonstrate. Elance`s terms of use and privacy policy stipulate that by using or accessing Elance`s website, the user accepts the language in its terms of use and its privacy policy as it is presented and is related to it. If you use a Browsewrap agreement, the more a user has had the opportunity to see and read your terms of use, the more likely it is that a court will impose the terms of use on that user. A third factor in balancing the applicability of clickwrap agreements and browsewrap agreements is whether the implementation of the agreement would be fair. The Wisconsin District Court followed the arguments of previous decisions such as Step-Saver and Arizona Retail Systems. In particular, the Court found that the narrowing and licensing contract did not agree. The conditions of the retractable film were not submitted to Zeidenberg at the time of the sale and he did not have time to review the conditions, as the conditions were included in the package. [57] The end result of these cases is that retractable films are probably unworkable, but the result is far from clear. The use of the briefcase as a public authority makes it possible to consider that the shrinking licences are applicable if they do not contain unnecessarily incriminating conditions and if the purchaser is informed of additional conditions. [83] However, the Court of Appeal set aside that decision.

Easterbrook J. found that the message outside Zeidenberg`s box at the time of purchase would communicate the additional conditions in the retractable film. Granting the buyer the right to return the goods if he was not satisfied with the license agreement exempts the seller from the need to place all the conditions of the licence outside the carton. Thus, the buyer could enter into an agreement without knowing all the conditions. It was a conditional agreement, subject to the acceptance or refusal of the terms of licence. [58] In many ways, the evolution and reluctant acceptance of the wrap reduction licence reflects the evolution of the law with technology. I hope that the underdeveloped Australian law will follow the example of the Americans in ProCD and give a more generous interpretation to the shrunken films. For an agreement – clickwrap or browsewrap – to be applicable, the agreement must have been approved by both parties, which is sometimes called a meeting of minds.

Most legal agreements are often presented to users either by a clickwrap agreement or by a browsewrap agreement.