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For more insight on how the court rules on clickwrap cases, both old and new, check out our Clickwrap Litigation Trends: 2021 Report:
But the court noted that the screen was uncluttered, the entire screen was visible at once, and the agreement language was spatially located to the corresponding button. So, the court found that the design of the screen afforded users reasonable notice & enforced Uber’s terms.
In this case, users were not required to explicitly agree to the terms by clicking a separate button or checking a box.
Whether such a reasonably prudent user is on inquiry notice of the terms depends on the conspicuousness of the screen design and content therein. On screen design:
The court reasoned that in absence of actual notice (which is difficult to prove in these cases), users would be bound by the terms if “a reasonably prudent user would be on inquiry notice of the terms.”
When users registered for an Uber account, Uber notified users that “by creating an Uber account, you agree to the TERMS OF SERVICE & PRIVACY POLICY.”
IT’S TIME FOR THE #WEDNESDAYCOURTREPORT WITH PACTSAFE This month, we’ll be highlighting cases that have been heavily cited and paramount in defining the #clickwrap industry and #PactSafeBestPractices. On this week's docket: Meyer v. Uber Technologies
Big news! PactSafe has been acquired by @ironclad_inc, the #1 CLM platform for innovative companies, and together we're setting new standards for digital contracting. Read all about it:
A special announcement from PactSafe Founder and CEO Brian Powers:
For the latest trends in clickwrap litigation across industries and industries, check out our Clickwrap Litigation Trends: 2021 Report. Download here:
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