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Long v. Provide Commerce, Inc.

California Court of Appeal

200 Cal. Rptr. 3d 117 (2016)

Relevant factsFree

Provide's (defendant) checkout page displayed a terms-of-use hyperlink, containing an arbitration clause, in light-green font against a lime-green background beneath the checkout box, alongside other unrelated hyperlinks, with no requirement that users click it or any statement that continued use constituted agreement; Long (plaintiff), who had no actual knowledge of the terms, filed a consumer-fraud class action, and Provide moved to compel arbitration based on those terms, which the trial court denied.

IssueFree

Whether, absent actual notice, a browsewrap agreement is valid if the website does not put a reasonably prudent user on inquiry notice of the terms of the agreement.

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