How Zappos’ User Agreement Failed In Court and Left Zappos Legally Naked (Forbes Cross-Post)

October 29, 2012 · by

…contrast, “browsewraps” are user agreements that purport to bind users simply because users browse the website. I don’t use the term browsewrap; instead, I prefer to call those documents “not…

Barnes & Noble’s Online Contract Formation Process Fails –Nguyen v. Barnes & Noble

September 5, 2012 · by

…an arbitration clause (and whether the dispute falls within the clause). The court notes the difference between so-called ‘browsewrap’ and ‘clickwrap’ agreements, and says that the dispositive issue is notice…

Parents’ Lawsuit Against Apple for In-App Purchases by Minor Children Moves Forward — In re Apple In-App Purchase Litigation

April 11, 2012 · by

…of their publicity rights. The court enforced the Facebook terms of service and transferred the dispute to California. (“Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook.”) Apple is grappling with a…

Courts Struggling Needlessly With Online Contracting Practices (Guest Blog Post)

April 6, 2012 · by

…Facebook’s Terms of Use to a “browsewrap” agreement, where the terms and conditions are posted on the website as a hyperlink at the bottom of the screen. But then he…

Qwest Gets Mixed Rulings on Contract Arbitration Issue—Grosvenor v. Qwest & Vernon v. Qwest

March 23, 2012 · by

…Agreement is a Browsewrap, But He Enforces It Anyways–Fteja v. Facebook Stop Saying “We Can Amend This Agreement Whenever We Want”!–Harris v. Blockbuster Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook…

No Breach of Contract Claim from Mid-Stream Change of WSJ Online Pricing – Lebowitz v. Dow Jones

March 22, 2012 · by

…Facebook’s User Agreement is a Browsewrap, But He Enforces It Anyways–Fteja v. Facebook Stop Saying “We Can Amend This Agreement Whenever We Want”!–Harris v. Blockbuster Facebook’s “Browsewrap” Enforced Against Kids–EKD…

Facebook’s “Browsewrap” Enforced Against Kids–EKD v. Facebook

March 16, 2012 · by

…“Facebook’s TOS, including the forum-selection clause at issue, are contained in a so-called ‘browsewrap agreement.’” This is just an unmitigated misunderstanding of what constitutes a browsewrap, reminding us of the…

Vendor Fails to Form Either an Online or Paper Contract With Customers–Kwan v. Clearwire

February 1, 2012 · by

…between clickwrap and browsewrap agreements while eventually concluding that the plaintiff was apprised of the terms (or should have been) so there was no reason not to enforce the contract….

Judge Can’t Decide if Facebook’s User Agreement is a Browsewrap, But He Enforces It Anyways–Fteja v. Facebook

January 30, 2012 · by

…I’d retire the phrases “clickwrap” and “browsewrap.” Those terms trace their lineage to a radically different technology–plastic shrinkwrap on physical products–and, as a result, they never developed clean or precise…

Court Disregards Check-the-Box Agreement and Doesn’t Enforce Venue Clause — Dunstan v. comScore

October 14, 2011 · by

…decision. The court relies on Specht v. Netscape, but Specht is a browsewrap case, where the user did not have to indicate assent to the terms before downloading the software….