Quimbee logo
DMCA.com Protection Status

Long v. Provide Commerce, Inc.

200 Cal.Rptr.3d 117 (Cal. App. 2016)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Long v. Provide Commerce, Inc.

California Court of Appeal

200 Cal.Rptr.3d 117 (Cal. App. 2016)

Play video

Facts

Each page of Provide Commerce Inc.’s (defendant) website, ProFlowers.com, included on the bottom a hyperlink to Provide’s terms of use. The terms of use included a compelled-arbitration clause. Website users were not required to click on the hyperlink or otherwise read or assent to the terms of use to complete a transaction. To complete an order on the website, the user was required to fill out certain fields contained in a big white box in the middle of the page and to click “Submit” within the same box. The background of the webpage was lime green. The terms of use hyperlink appeared in light green font in the lime green background, below the white box. The hyperlink was among other items in the lime green area, such as a VeriSign Secured logo and a hyperlink to the website’s privacy policy. Brett Long (plaintiff) filed a class-action consumer-fraud suit against Provide. Long claimed, and Provide did not dispute, that Long did not have actual knowledge of the terms of use. Provide filed a petition to compel arbitration based on the terms of use. The trial court denied the petition. Provide appealed.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 617,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 617,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership