Although no arbitration provision was included in the terms and conditions at the time of Berkson`s notification, it was added before other applicants registered for the Gogo Wi-Fi service. Many legal cases have defined the parameters of an enforceable clickthrough agreement. Here are three of the most important cases: the jurisprudence on the legality of Clickthrough shows that Clickthrough`s opposability depends, among other things, on its design and conditions. Although a viewer observing the disputed transactions in this case would have seen any of the complainants click the “Download” button of SmartDownload …a consumer who clicks a download button does not share consent under the terms of the contract if the offer did not make the consumer understand that a click on the download button would mean consent to those terms. […] The California common law is clear: “regardless of the obvious expression of consent, a bidder is not bound by discrete contractual clauses of which he knows nothing and which are contained in a document whose contractual character is not obvious.” In the case of Bragg v.