Professor Goldman blogged recently about a case involving Facebook where the court enforced Facebook’s terms of use and based on a venue clause in Facebook’s terms transferred a dispute from New York to California. The court delved into (and seemed to get bogged down in) the distinctions between clickwrap and browsewrap agreements while eventually concluding that the plaintiff was apprised of the terms (or should have been) so there was no reason not to enforce the contract. Kwan v. Clearwire doesn’t involve strictly online terms, but Clearwire was not so lucky. It botched its terms of use (judging from the court’s order it also botched its customer service efforts). End result: it can’t summarily move the dispute to arbitration and has to …show more content…
The Clearwire terms contained a class action waiver and an arbitration clause, and Clearwire sought to have the dispute arbitrated pursuant to the Clearwire terms.
Brown signed up for a 14 day trial of Clearwire. She received a confirmation email from Clearwire one week prior to receiving her modem. She tried to connect her modem but was unsuccessful, and she alleged that she was not required to click any sort of acknowledgement before trying to connect her modem. She called Clearwire to cancel her service, but was persuaded by Clearwire to renew her trial period. Clearwire had a service technician check on Brown’s modem. The technician arrived while Brown was at work and Brown’s roommate left the technician alone to try to get the modem working. After the technician left, she tried to get the modem working, and it still would not work properly. According to Brown, she discovered that “use of her microwave interfered with her modem signal.” She tried to cancel her service, and after going back and forth with Clewrwire, Clearwire finally agreed that she could cancel her service. Clearwire sent her shipping labels to return the modem, but according to her, by the time she received the shipping labels from Clearwire, the labels had “expired.” This prompted another round of back-and-forth with Clearwire’s customer service. Ultimately, she was able to return the modem to Clewarwire.
Reasonover’s experience with Clearwire wasn’t much better. She signed up
Issue 2: When customer (Susan) first time argue with Rogers, the people said there is nothing they can do and Susan has the full responsible for the bill. The attitude made Susan very uncomfortable.
The privacy of human being has drastically changed with the advent of internet. On a scale of 1 to 10, the privacy of an internet user is a -1 or may be less. Social Networking sites such as Facebook, MySpace etc are mainly responsible for this privacy leakage. This short paper is dedicated to review the change of privacy policy by Facebook on December 2009 and its impact on public privacy and security.
The article Facebook’s Unethical Experiment was written by Katy Waldman. The article states that Facebook manipulated the news feeds of users to study “emotional contagion through social networks.” Researchers manipulated the posts users would see on their timelines to see if the user’s own posts would be impacted. Essentially, Cornell and the University of California in San Francisco tested whether reducing the number of positive messages people read on their news feeds made those people less likely to post positive posts.
This right has been introduced in order to stop others from commercially misusing his or her identity, be it either a celebrity or a normal person without their permission. A person can be forced to take down the content in question or pay monetary damages to the individual whose rights of publicity has been violated. By referring to the case of Fraley v. Facebook, Inc.[ 830 F. Supp. 2d 785 (N.D. Cal. 2011)] , which is about an action lawsuit that arose after some Facebook users discovered their names and photos have been arranged in the perimeter of news feeds. The plaintiffs were able to prove that “direct, linear relationship between the value of their endorsements of third-party products, companies, and brands to their Facebook friends,
Upon my arrival I met with the complainant identified as Travis L. Williams (03/12/78) and his employee Todd A.D Gowing (11/10/1990). Williams stated that starting in January of 2014, his business Ace Tech, received a large amount of phones via UPS that were not ordered by him or his employees. William stated that the boxes came under the name of Johnny Hash from the company named H20 Wireless. Williams stated that Hash also owns a business nearby and is using Williams address to receive the packages. Williams was able to return the phones through AT&T and get his money back, since he was also getting billed for the phones.
The respondents, NFL, moved for a motion of summary judgment on the Section 1 claim, arguing it was immune from antitrust liability as a single entity. In response, American Needle sought a continuance and asked the U.S. District Court to allow discovery, a motion opposed by the
The legal system is an essential element in the successful operation of this country. It is a system that is utilized every day, by every type of person, from the average blue-collar worker to the average Wall Street broker. There is a multitude of ways that the legal system is put to use. One such way is the class action lawsuit. A Civil Action, by Jonathan Harr, uses the account of a single case, Anne Anderson, et al., v. W.R. Grace & Co., et al, to illustrate the power and importance of class action lawsuits in the civil justice system.
Procedural arbitrability issues concern whether the parties have complied with the terms of an arbitration provision, and are presumptively handled by arbitrators. These issues include whether prerequisites such as time limits, notice, laches, estoppel, and other conditions precedent to an obligation to arbitrate have been met, as well as allegations of waiver, delay, or a like defense to
Facebook is a well know social networking site that has taken all over the world with over 500 million people using the site. Social networking sites such as Facebook share information about the user over the Internet, where it can be freely accessed by anyone. This is where issues of privacy to the individual arise. As of July 2010 Facebook has more than 500 million active users, Users may create a personal profile, add other users as friends and exchange messages, including automatic notifications when they update their profile. As of December last year, Facebook called its 500 million users to review their privacy settings at the launch of its new user control tools which allow the user to control their information easily depending on
I think “forum shopping” has it advantage. Sometime the laws or procedures are more favorable in one jurisdiction that might apply more favorable law in a case. Whatever reason, the goal of forum shopping is the same, to gain more advantage in litigation by benefiting from the differences in the law. However, at the end everything still base on the rule of law. So even it is legitimate in the legal system, it still won’t change the actual rule of the
WHEREAS, the Parties have concluded that this Agreement is a fair, reasonable and adequate resolution of all Claims that have been made, or could have been made in the Suit; and
The marketing industry is an elaborate network that links companies to their consumers, primarily through written communication. The main objective of marketing is to identify trends and patterns in consumer behavior, and utilize the data to influence consumers to purchase more goods. From a macroenviroment standpoint, the general conditions of a market are heavily dependent on global environmental factors. The most significant factor that influences the markets today is technological advancements. Since the release of Facebook, Linked-in, Twitter, and Myspace in the early 2000s, the number of people using social media has increased to over sixty-five percent. The ever-growing dependency on social media platforms, has given marketers the tremendous opportunity to further market potential consumers. Social media marketing is a specific form of marketing that focuses on producing ad content that social media users will post on their own networks. This particular marketing technique is effective because ads and content are created, based on what personal information users post on social media. Firms and organizations that advertise their brands on social media are more likely to increase their customer base and annual revenue. By doing so, companies are able to increase exposure of their brand and widen previous hidden, customer bases. As a marketer, the fine line between right and wrong is often blurred. The amount and
Facebook is involved in a serious controversy in the United States. And last but not least they are being accused of nothing less than ideologically manipulate the news that serves its users , all this is happening on the campaign trail, so the whole thing takes on an even greater dimension that already itself has.
From this brief history of ADR provisions, it is easy to see the widespread acceptance of ADR in more recent times compared to the hostility that courts expressed toward it early on. The trend of acceptance spread, and in May of 1986, forty-five states had enacted statutes similar to the second Uniform Arbitration Act, enforcing agreements to arbitrate future disputes.