Question: Question 7 A) Dell customers using Dell's website were shown the words All sales are subject to Dell's terms and Conditions of Sale recurrently and
Question 7
A) Dell customers using Dell's website were shown the words "All sales are subject to Dell's terms and Conditions of Sale recurrently and were provided with an obvious hyperlink to the terms agreement. The customer argued that they did not receive adequate notice. The court was most likely rule:
options:
|
| Repeated exposure of this nature would put a person on reasonable notice |
|
| As long as the notice was direct and unambiguous it would be sufficient notice |
|
| Both of the above |
|
| Neither of the above |
B) Which of the following statements are true
options:
|
| The more a user has had an opportunity to see and read the terms of service the more likely the court will enforce a terms of service agreement |
|
| the mere presence of a Terms of Use agreement may not protect the business website |
|
| If in the Terms of Use agreement are ambiguous may not be enforceable |
|
| All of the above are true |
C) In the case Zaltz v Jdate, Zaltz sued the dating website for billing harassment in New York. JDate had the case transferred to California which was in the terms of use. Zaltz said she did not remember agreeing to that term and wanted the case to stay in NewYork
JDate had a statement explaining that to join JDate an user would have to click a certain box to accept the terms of agreement confirming they did agree. This was a combination of browse wrap and clickwrap elements.
options:
|
| The court found that the fact Zaltz did not remember terms does not negate the terms of use |
|
| The fact that Jdate used a combination of Browsewrap and clickwrap elements allows Jdate to enforce their terms. |
|
| The fact that Zaltz clicked on a specific box to accept terms allows Jdate to enforce its terms |
|
| All of the above. |
Step by Step Solution
There are 3 Steps involved in it
Get step-by-step solutions from verified subject matter experts
