3 Comments

  1. Such is the life of user agreements. My biggest dislike of most user agreements is they they seem somewhat arbitrary and there is no way negotiate separate terms.

  2. Understandable, Joe. But then, some of us don’t really want to negotiate our terms unless we see fit, anyway.

    Makes one sometimes glad there’s options out there.

  3. Julie Riggs

    My lawsuit Riggs v. MySpace, Inc. et al was transferred to CA due to a jurisdiction and venue clause. Interestingly though, the user agreement also contained an arbitration clause. I filed an Arbitration Demand with the American Arbitration Assoc., but MySpace never responded.

    One of my claims is breach of contract for the arbitration clause. Ironically, it worked in my favor to have it transferred to CA in particular due to the breach of implied-in-fact contract claim regarding MySpace Celebrity. Some of these companies would be wise to choose a different state other then CA to hear cases. CA law works in favor of the Plaintiff many times.

    The case is currently in the Ninth Circuit.

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