· 8/18/2014
Kevin Nguyen v. Barnes & Noble Inc.
Citations
- 763 F.3d 1171
- 2014 WL 4056549
- 2014 U.S. App. LEXIS 15868
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- whether a 24 website reasonably communicated the existence of the terms is a fact-intensive inquiry that 25 “depends on the design and content of the website and the agreement’s webpage.”
- “[T]he conspicuousness and placement of the ‘Terms of Use’ hyperlink, other notices given to users of the terms of use, and the website’s general design all contribute to whether a reasonably prudent user would have inquiry notice of a browsewrap agreement.”
- discussing “clickwrap” and “browsewrap” agreements online
Source: CourtListener parenthetical corpus (CC0).
Judges: Noonan, Law, Silver
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.