United States Ninth Circuit

Denial of defendant’s motion to compel arbitration and to stay court proceedings pursuant to an arbitration agreement contained in defendant’s Terms of Use is affirmed, where: 1) the Terms of Use was posted on the website via a hyperlink at the bottom of the screen; 2) a website that makes its Terms of Use available via a conspicuous hyperlink on every page but otherwise provides no notice to users nor prompts them to take any affirmative action to demonstrate assent is insufficient to give rise to constructive notice; and 3) plaintiff website user had insufficient notice of defendant’s Terms of Use and thus did not enter into an agreement to arbitrate his claims.

Appellate Information

• Decided 08/18/2014
• Published 08/18/2014

Judges

• Noonan

Court

• United States Ninth Circuit

Counsel