kale salad with pecorino and walnuts & end user license agreements
Fteja v. Facebook, Inc.,, 841 F. Supp. 2d 829 (S.D.N.Y. 2012). Plaintiff sued Facebook in New York over the disabling of his account and Facebook attempted to move the suit to California. Plaintiff claimed that the clause in the Terms of Service allowing Facebook to do that didn’t hold because the Terms of Service were only hyperlinked, not posted as part of the contract. It’s an interesting holding that comes down pretty hard on the side of the “By clicking Sign Up, you’re agreeing to our Terms of Service”-style disclaimer as fully protective.