Monday, July 30, 2007

Absent Notice, Posting of Changes To Online Agreement Not Binding Says California Court

The United States Court of Appeals for the Ninth District applied basic contract principles in reversing a decision from the United States District Court for the Central District Court of California.

The Decision - http://pub.bna.com/eclr/0675424_071807.pdf.

What it Says - Parties to a contract have no obligation to periodically check if the other party has changed the contract terms. Online contracts are no different. Unilateral changes to online contact terms are not binding unless the changing party (in this case, Talk America) has given notice to the other party (in this case, Joe Douglas) and the other party has accepted the change.

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