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Tag Archives: Clickwraps

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

By Timothy Denny Greene and Debbie Rosenbaum on 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

Look Before You Leap: Amazon Web Services Customers May Be Subject to an IP Covenant Not to Sue

By John Delaney on Posted in Litigation, Terms of Use

The growth of cloud computing has been phenomenal, as companies ranging from early stage start-ups to conservative, blue-chip corporations have sought to take advantage of the cost savings offered by cloud-based solutions. And at the head of this revolution has been Amazon Web Services (AWS), one of the earliest and most popular of the cloud… Continue Reading

Facebooks’s Online Terms of Service Held to Be Enforceable

By William Schuerman and Brendan Reed on 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

Click-Accept Arbitration: Enforcing Arbitration Provisions in Online Terms of Service

By Sherman Kahn and David Kiferbaum on Posted in Arbitration, Supreme Court

Companies that provide services to consumers have often sought to reduce the risk of class action lawsuits by requiring that their customers agree to arbitrate any disputes.  Such arbitration agreements may require customers to arbitrate on an individual basis only, with customers being obligated to waive any rights they might otherwise have to pursue claims… Continue Reading