Mealey's IP/Tech - 9th Circuit: Barnes & Noble Site's Terms Of Use Not Binding Without Clear Assent

PASADENA, Calif. - A website hyperlink containing the Terms of Use (TOU) of Barnes & Noble Inc. (BN) did not sufficiently put a customer on notice of those terms, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 18, affirming a trial court's finding that the customer was not, therefore, bound by the TOU's arbitration clause and could proceed with his putative deceptive business practices class action against the retailer (Kevin Khoa Nguyen v. Barnes & Noble Inc., No. 12-56628, 9th Cir.; 2014 U.S. App. LEXIS 15868).

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