3 Comments

  1. Chris McGeehan

    Evan:

    Here’s a link to the case:

    http://www.courts.mo.gov/file.jsp?id=36294

    I have no qualms with the contract analysis. I do have issues with the fairness of forum/venue selection clauses in the context of Internet solicitations, although this case doesn’t present a good fact pattern for this issue, since the local vendors should be able to make the plaintiff whole.

  2. Notwithstanding the fact that the majority of “shrinkwrap” or “clickwrap” contracts of adhesion have been just a polite way for douchebag software companies to screw over end users, I have to say that I agree with the above referenced court’s opinion.

    Plaintiff had ample opportunity to read the TOS and was notified of the existence of same screen after screen that she had to click through in order to advance to the next screen and yet chose NOT to read them. She screwed herself by simply being lazy.

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