Online license agreements usually have warranties that are WRITTEN ENTIRELY IN CAPITAL LETTERS. This is an anachronism from the typewriter era that should be avoided according to the 9th Circuit, a leading author on contracts drafting and the deputy GC of Wikipedia.

The reason why people use all caps is a section of the UCC, an American law that codifies sales law (similar to the Sale of Goods Acts in Canada). You can read more about it here.

9th & 4th Circuit Courts of Appeal

In the 2002 9th Circuit Court of Appeal (California and neighbouring states) decision of In re Bassett the court notes at para 887:

Lawyers who think their caps lock keys are instant "make conspicuous" buttons are deluded. In determining whether a term is conspicuous, we look at more than formatting. A term that appears in capitals can still be inconspicuous if it is hidden on the back of a contract in small type. ... Terms that are in capitals but also appear in hard-to-read type may flunk the conspicuousness test. A sentence in capitals, buried deep within a long paragraph in capitals will probably not be deemed conspicuous. Formatting does matter, but conspicuousness ultimately turns on the likelihood that a reasonable person would actually see a term in an agreement. Thus, it is entirely possible for text to be conspicuous without being in capitals.” (bold emphasis added)

There's also a 2009 4th Circuit decision that discusses an all-caps warranty disclaimer at para 922:

“But the placement of the disclaimers (buried in a sea of same-sized, capitalized print), coupled with the absence of any cautionary language on the first page of the policy illustration, which contains the deceptive language and figures indicating Powell's out-of-pocket payments will "vanish," preclude a determination the disclaimers are adequate as a matter of law.”

Luis Villa & Ken Adams

The Deputy General Counsel of Wikipedia's parent organization has a write-up about this and why he changed the Mozilla Public License to remove the all capital letter warranty disclaimer:

The author of a leading US textbook on contract drafting, Ken Adams, has a post recommending lawyers rethink their use of all caps:


Here are a few alternative ways of making text conspicuous: