Executive Summary and Takeaway. User agreements for websites and apps have become increasingly prevalent in recent years, and courts have had to adapt traditional rules of contract interpretation to the new digital frontier....more
Ruling in a class action brought against Uber Technologies, Inc., the U.S. Court of Appeals for the First Circuit recently held that the company's arbitration clause could not be enforced because it was not "reasonably...more
Businesses utilizing online or smart phone app-based contracts containing arbitration clauses accessed by hyperlink should ensure that the link is very conspicuous and that the user is required to read the terms and click to...more
This week, the First Circuit weighed in on a hot topic – the enforceability of arbitration provisions in online contracts. ...more
The Second Circuit has found that Spencer Meyer, a customer of Uber, was provided “reasonably conspicuous” notice of Uber’s Terms of Service to which he “unambiguously manifested assent” when he created an Uber account, such...more