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Tag Archives: browserwrap

That’s a Wrap: Nguyen v. Barnes & Noble

Posted in Litigation, Terms of Use

Website operators often take for granted the enforceability of their websites’ terms of service. In a recent order issued in a case from the Central District of California, Nguyen v. Barnes & Noble, Inc., Judge Josephine Tucker reminds us that such presumptions are not necessarily correct: terms of service that do not require an affirmative… Continue Reading

Facebooks’s Online Terms of Service Held to Be Enforceable

Posted in Terms of Use

In the recent online contracting case of Fteja v. Facebook, Inc., a New York federal court held that a forum selection clause contained in Facebook’s Statement of Rights and Responsibilities (the “Terms”) was enforceable because the plaintiff assented to the Terms when registering to use Facebook.  The court’s analysis and holding followed the recent trend… Continue Reading