“Clickwrap” agreements are where a purchaser agrees to the terms of a contract by clicking on a dialogue box on screen. This is often seen when installing software, when downloading from the Internet or when purchasing on-line. Many of us have “assented” to such agreements while rushing through an installation or purchase without slowing down to read the many pages of legal language to which we are agreeing.

Courts generally uphold the validity of such “acceptances”, even if the person clicking didn’t actually read the agreement. However, under limited circumstances (just as is the case with all contracts) the effects of unfair or harsh terms within clickwrap agreements can be avoided. Such limited circumstances include when the terms are so unexpected and so shocking as to be “unconscionable”, when enforcing the terms in question would be a violation of public policy or when a forum selection clause is unfair. If you are interested in reading a law review article on this subject, please read this Berkely Technology Law Journal Article. (Links to an external site.)Links to an external site.

For your interest, you could explore this 2012 article (Links to an external site.)Links to an external site.that discusses a famous case involving Zappos that discusses the difference between “click-wrap” and “browse-wrap” agreements.
If the links do not work for you, please send me an email.

Please answer the following questions regarding this issue (one short paragraph for each question) 3-4 sentences in each paragraph:

A. How many times do you think you have clicked to accept an agreement? What percentage of this time do you think you have actually read the terms of the agreement? If that same agreement were on paper, would you be more or less likely to actually read the terms? Why?

B. Do you think it is likely that some terms might seem unexpected and unfair to consumers but that these terms would probably be upheld in court? Would some consumers be intimidated by the cost of going to court to prove that terms are unenforceable?

C. Which specific types of terms do you believe have been most frequently found to be unenforceable by courts (i.e. NOT valid)? Or what is most important (or interesting) to you about this issue? Please feel free to quote from the attached law review article or attach your own article or case.

Write a paper that explains how perception affects decision making within a company.  Explain the importance of clear communication within that company.  You can either create an issue that the company is having, or demonstrate how a department completes their work by the two tasks above.

 When reviewing the previous link, you DO NOT need to have an abstract.  You MUST have a title page (correctly labeled), running header, page numbers and proper citation page.  You MUST use 3 different references for all papers, and at lease one of those should be our course material (listed in the syllabus). They MUST be a minimum of 1250 words.  There should be NO papers that are plagiarized.  If you feel that there is too much of your paper that you took from a book, please use this link to send your paper thru: http://www.citationmachine.net/ (Links to an external site.).

Review the questions page in the exercise in step 1 to construct part of your project which addresses the need to create urgency. Use the list of questions in #1.

Then use the questions in #2 and #3 to write Part 2 of your paper. You may also find the area under Increase Urgency helpful in reviewing the key points of what to do and not do when creating urgency for change. Be sure your paper touches on the key elements of each as they pertain to your organization.

Be sure to include at least three scholarly references to support your assertions written in your own words. Do not copy word for word from the course text or any other sources. Your submission this week is Part 2 of the final project.

Be sure to include at least three scholarly references to support your assertions written in your own words. Do not copy word for word from the course text or any other sources. Your submission this week is Part 1 of the final project.

The requirements below must be met for your paper to be accepted and graded:

• Write between 1,000 – 1,250 words (approximately 4 – 6 pages) using Microsoft Word in APA style.

Attached is a research question, purpose statement.

Your Research Paper must be no more or no less than 8 pages, excluding a cover sheet and reference list. All sources must be cited in Turabian format.

General Instructions for Assignments and Rubrics

All assignments should be written in Word and uploaded as attachments within the Assignments section of the classroom. Use 12 pt. font and double-space. Be sure to put your name and class information on the document and put your name on the file. Insert page numbers. Assignments will be graded using a rubric appropriate for your class level.

As you write your paper, make sure that you:

Follow the assignment and address all of its elements.

Write a thesis that is clear, concise and argue it throughout the paper.

Write a clear research question that is succinct and easily discernible as the center of your inquiry into the topic.

Be cognizant of your thesis and the counter-examples you choose and be certain to go into a high level of detail in explaining why your thesis provides explanatory and predictive power.

Demonstrate that you have thought critically about the perspectives that you are arguing for and against.

Proofread so that the writing flows and your points are easy to understand.