Aug 282014
 August 28, 2014  Business, Court, Online, U.S.

Andrew Hoffman writes:

A recent Ninth Circuit decision highlights the importance of obtaining affirmative user assent to online Terms of Use. In Nguyen v. Barnes & Noble Inc., 2014 WL 4056549 (Aug. 18, 2014), the Ninth Circuit concluded that a conspicuous link to the site’s Terms of Use posted throughout the site and in close proximity to a checkout button was insufficient to find an arbitration agreement enforceable in the absence of a user’s express agreement to the online Terms.

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