The Secure Times

An online forum of the ABA Section of Antitrust Law's Privacy and Information Security Committee

Forum selection clause applies to telephone transactions where purchaser accessed seller’s web site privacy policy

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A purchaser who accessed a seller’s Web site to view the Privacy Policy in conjunction with a telephone transaction is bound by the forum selection clause contained in the Web site’s Terms of Use, which is explicitly connected to the Privacy Policy and governs the use of the site. Greer v. 1-800-Flowers.com, Inc., No. 07-2543, 2007 U.S. Dist. LEXIS 73961 (S.D. Tex. Oct. 3, 2007). The court granted the seller’s motion to dismiss for improper venue, ruling the purchaser was bound by the forum selection clause mandating a different forum. The court rejected the purchaser’s argument that the forum selection clause was not part of the Privacy Policy, finding unambiguous language that the purchaser was given notice that the Privacy Policy, which forms the basis of the purchaser’s claims, was part of a broader Terms of Use. The court also found that accessing the Web site constitutes an agreement to be bound by the Terms of Use, including the forum selection clause, an application of which would not be unreasonable against the purchaser.

 

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Author: ABA Antitrust

Learn more about the ABA Section of Antitrust Law: http://ambar.org/antitrust

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