Second Circuit Enforces Terms Hyperlinked In Confirmation Email–Starkey v. G Adventures
25 08 2015[Ed: it is often important to remember that online ToS relate to, and sometimes control, subsequent off-line behavior–such as jurisdiction for court proceedings–even when the events are neither digital nor online].
Plaintiff Starkey booked a trip online through G Adventures. She alleges a G Adventures employee assaulted her during the trip. She sued G Adventures in the Southern District of New York. That court dismissed her lawsuit based on a forum selection clause requiring any claims to be brought in Ontario, Canada. She appealed, and the Second Circuit affirmed.
Case citation: Starkey v. G Adventures, Inc., 14-1361-cv (2d Cir. Aug. 7, 2015)
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