In Nguyen v. Barnes & Noble, Inc., 763 F.3d 1171 (9th Cir. 2012):
- Said “inquiry notice” turns on “design and content of the website and agreement’s webpage.”
- This case was followed by e.g., Long v. Provide Commerce, Inc. 245 Cal. App. 4th 855 (Cal. Ct. App. 2016) (refused to compel arbitration, stated that to put users on notice you need conspicuous hyperlink plus notice that it contains binding terms. A conspicuous notice alone is not enough).