Thanks to Evan Brown over at the Internet Cases blog for pointing out the recent case Via Viente Taiwan, L.P. v. United Parcel Service, Inc., 2009 WL 398729 (E.D. Tex. February 17, 2009) in his article titled “Clickwrap binding despite claim of no opportunity to read terms”, which discusses how that the clickwrap agreement between the United Parcel Service and one of its customers was in fact binding. The court rejected all of the defendant’s arguments that it never had an opportunity to review the clickwrap agreement before the software was downloaded, although the primary point seems to be that the defendant was a very large and sophisticated company who should have been aware of the clickwrap agreement and certainly retained the benefits of the software.
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