Contracts
Aug. 22, 2014
Website terms that won't bind arbitration
The 9th Circuit recently held that where a website user did not receive sufficient notice of the terms in a browsewrap agreement, an arbitration clause was not enforceable against the purchaser. By John A. Vogt and Kevin C. Brantley
In Nguyen v. Barnes & Noble Inc., 2014 DJDAR 11191 (Aug. 18, 2014), the 9th U.S. Circuit Court of Appeals, applying state law contract principles, recently held that where a website user did not receive sufficient notice of the terms in a browsewrap agreement in connection with a web-based transaction, an arbitration clause contained in the terms of use of that website was not enforceable against the purchaser. In...
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