How 9th Circ. B&N Case May Impact Website Terms Of Use

Law360, New York (September 29, 2014, 10:06 AM EDT) -- The Ninth Circuit recently declined to enforce Barnes & Noble Inc.'s website terms of use against a plaintiff customer. The court held that plaintiff did not affirmatively assent to those terms because there was no evidence that he had actual notice of their applicability. The court found that notice of these terms of use was insufficient where Barnes & Noble made its terms available via a conspicuous hyperlink on every page of its website, without further prompting website users to take any affirmative action to demonstrate assent. This article examines the potential impact on Internet service providers....

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