Zappos Case: Paradigm Shift in E-Commerce Law?
By Jonathan Watts, Esq.
“A court cannot compel a party to arbitrate where that party has not previously agreed to arbitrate…. A party cannot assent to terms of which is has no knowledge or constructive notice, and a highly inconspicuous hyper link buried among a sea of links does not provide such notice. Because Plaintiffs did not assent to the terms, no contract exists, and they cannot be compelled to arbitrate.”