Court Enforces Arbitration Clause in Amazon’s Terms of Service–Fagerstrom v. Amazon
…Falling Apart What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know–Nguyen v. Barnes & Noble 23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe Facebook’s “Browsewrap” Enforced Against…
Gmail Terms of Service Apply to reCAPTCHA During Account Formation–Rojas-Lozano v. Google
…Related cases: “Venue Clause in YouTube Terms of Service Upheld–Song Fi v. Google” “Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement” “23andMe’s Browsewrap Fails, But Its…
Jawbone Plaintiff Can Invoke California Choice of Law Provision in Service Agreement
…formation at the point of purchase was imperfect, but 23andme fixed the issue through a later online registration. (“23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe“.) Interestingly,…
Clickthrough Agreement Upheld–Whitt v. Prosper
…ShutterStock It’s refreshing to see the court sidestep all of the nonsense over whether Prosper’s agreement should be characterized as a clickwrap, browsewrap, bubblewrap, bacondoublecheesewrap or something else. Once we…
Court Rejects Bizarre Attempt To Scrub Consumer Review–Goren v. Ripoff Report
…the court turned to the bogus “clickwrap”/”browsewrap” distinction, citing Nguyen. The court explains why the user agreement wasn’t a clickthrough agreement: The terms accompanying the checkbox do not state that…
The “Browsewrap”/”Clickwrap” Distinction Is Falling Apart
…first place. ____ Eric’s Comments: From a nomenclature standpoint, the Ninth Circuit’s 2014 Nguyen case was a train wreck. The court didn’t understand the differences between a browsewrap and a…
Top 10 Internet Law Developments of 2014 (Forbes Cross-Post)
…Jobs from Ill-Advised Social Media Posts. The advice remains the same: post in haste, repent at leisure (but probably without unemployment insurance). * Browsewraps Are Vexing Courts. Most of the…
Lawsuit Fails Over Ridesharing Service’s Disclosures To Its Analytics Service–Garcia v. Zimride
…“browsewrap agreement”. The court does not make a finding as to whether or not the consent (in the privacy policy) was legally effective in all cases, but says that plaintiff…
Safeway Can’t Unilaterally Modify Online Terms Without Notice
…Related posts: * What’s a Browsewrap? The Ninth Circuit Sure Doesn’t Know–Nguyen v. Barnes & Noble * 23andMe’s Browsewrap Fails, But Its Post-Purchase Clickthrough Works Anyway–Tompkins v. 23andMe * Court…
LinkedIn Can’t Shake Publicity Rights Claims Based on Reminder Emails
…LinkedIn, 13-CV-04303-LHK (N.D. Cal. Nov. 13, 2014) Related Posts: Email Harvesting: Repeated Emails From LinkedIn May Violate Publicity Rights Path May Be Liable for Text-Spamming Users’ Contact Lists Facebook’s “Browsewrap”…