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 Feldman v. Google - AdWords Contract Upheld

According to the U.S. District Court for the Eastern District of Pennsylvania, a forum selection clause in an online contract's terms is acceptable, and will not absolve a party who clicks "I Agree" without taking the time to view the whole agreement as long as it is readily accessible and clear. So the court did uphold Google's mandatory venue provision in its AdWords contract specifying that all lawsuits shall be brought in California. So the click fraud case between Feldman and Google was transferred from Pennsylvania to California. According to Prof. Goldman, this "should inhibit AdWords advertisers from suing Google all over the country. Therefore, all lawsuits will have to be in Google's home court..."


Feldman v. Google, Inc., Decision of March 29, 2007, United States District Court, Eastern District of Pennsylvania




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