Tuesday, May 26, 2009

Blue Bird, LLC v. Nolan (Cir. Ct. Mont. Cnty)

Filed April 28, 2009
Opinion by Judge Ronald B. Rubin

Held: Deciding an issue of first impression in the State, the Circuit Court for Montgomery County held that an internet "click-wrap" agreement governing terms of use of a website is valid and enforceable under Maryland law.

Facts: The issue arose in connection with the defendants' motion to dismiss for lack of personal jurisdiction. The defendants' sole contacts with the State were over the internet. Among the relevant contacts, the defendants agreed to terms of use on the plaintiff's website by clicking "I accept." The terms included a forum selection clause whereby the defendants purported to consent to jurisdiction in the State. The court applied an objective standard to evaluate the formation of a contract and concluded that the defendants manifested their assent to the terms of use by clicking.

The full opinion is available in PDF.

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