In analyzing the case, the court closely scrutinized the website's actual design and content, as well as the contract notice and implementation measures used for the TOU. Following this review, the court concluded that (i) the TOU was accessible through underlined hyperlinks set in green typeface located in the bottom left-hand corner of every page on the website; and (ii) those hyperlinks were located (a) alongside other legal notices, and (b) in proximity to buttons users must click to complete online purchases. Despite these findings, the Ninth Circuit Court of Appeals ultimately ruled against the website operator as follows:
Accordingly, the court held that the plaintiff did not receive sufficient notice of the TOU, and therefore did not accept the terms and enter into a contract with the website operator. Without an enforceable contract, the website operator could not rely upon arbitration as a means to address the plaintiff's claims.
Lastly, although this case does not directly address principles of online contract formation on mobile applications, it seems to suggest that nonprofits should be particularly cautious when considering how to implement online agreements on mobile applications.