Asked by Viviana Vergara on Jul 13, 2024

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In Cordas v.Uber Technologies,Inc. ,the case in the text,the court held that:

A) Uber's terms and conditions constituted an enforceable browsewrap agreement.
B) Uber's arbitration clause was unenforceable because it did not require an affirmative assent from its users.
C) Uber's arbitration clause was enforceable because Cordas downloaded the app voluntarily.
D) Uber's arbitration clause was enforceable because Cordas affirmatively acknowledged it.

Browsewrap Agreement

A type of online contract that is assumed to be accepted by a user through the use of the website, without requiring explicit consent.

Arbitration Clause

A provision in a contract that requires the parties to resolve disputes through arbitration rather than through the court system.

Enforceable

Capable of being imposed or brought into effect legally, typically referring to contracts, agreements, or laws.

  • Distinguish between varieties of online contracts and comprehend their legal validity.
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Sophia RomeroJul 14, 2024
Final Answer :
D
Explanation :
The court held that the agreement at issue was not a browsewrap agreement because an Uber user is not told he has assented to Uber's terms and conditions simply by passively viewing one screen of the Uber app.Instead,the court found the user must affirmatively assent to Uber's terms and conditions by clicking "DONE" to complete his sign-up process on a page clearly displaying the notice: "By creating an Uber account,you agree to the Terms & Conditions and Privacy Policy." Only by clicking "DONE" does the user assent.By creating an account on the Uber app,Cordas "affirmatively acknowledge[d] the agreement" and was bound by its terms-which included the arbitration clause.