· 8/12/2005
Hubbert v. Dell Corp.
Citations
- 835 N.E.2d 113
- 359 Ill. App. 3d 976
- 296 Ill. Dec. 258
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the state- ment “‘All sales are subject to Dell’s Term[s] and Conditions of Sale’” and conspicuous blue hyperlinks to those terms pro- vided adequate notice
- concluding that arbitration agreement was part of online contract and deeming terms valid where links to the terms were visible throughout order process, on marketing web pages, and final online forms stated that sales were subject to terms and conditions
- stating that a hyperlink indicates additional information that is part of an agreement and effectively functions as “turning the page of a written paper contract”
- noting that defendant’s web pages conspicuously stated: “All sales are subject to Dell’s Term[s] - 10 - and Conditions of Sale.”
- holding online purchaser was subject to “terms of service” linked on all five pages of online checkout process where process advised that purchase would be subject to terms
- noting that the result would be similar under the law of either state
Source: CourtListener parenthetical corpus (CC0).
Judges: Hopkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.