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''In re Zappos.com, Inc., Customer Data Security Breach Litigation'', No. 3:2012cv00325, was a United States District Court for the District of Nevada case in which the Court held that Zappos.com's customers were not held to the browsewrap terms of use because of their obscure nature. The courts also held that the agreement was unenforceable because Zappos had reserved the right to change it at any time without informing the customers.〔 This court decision set a precedent for businesses that use browsewrap agreements and/or include a clause in their agreements that allow them to change the agreements at any time. The decision encouraged conversation on how a business should most fairly display its terms of use and how to avoid unfairness and ambiguity when writing them.〔 == Background == Zappos has a customer base of over 24 million people. In January 2012, Zappos suffered a data security breach that gave hackers personal information of their customers. While the security breach exposed names, addresses, and phone numbers of Zappos customers, it did not expose the customers' credit card information. After Zappos became aware of the security breach, Zappos sent an email to its customers notifying them of the security breach and advised that they change their login credentials on the site. Several Zappos customers independently filed suit against Zappos claiming that their business model did not protect the valuable information of their customers. Plaintiffs listed twelve causes of action for the suit accusing Zappos of not taking adequate measures to safeguard customers' personally identifiable information. By June 2012, there were nine lawsuits in progress, originating from five court districts. After the lawsuits multiplied, Zappos moved to consolidate these pre-trial proceedings into a centralized forum. The Judicial Panel on Multidistrict Litigation agreed that centralization would help move the cases along by avoiding duplicate work. The most time-saving implementation being a resolution of the facts involved in the case and series of events leading to and following the security breach. Because of the location of the plaintiffs, many suggested their home districts for the centralized proceedings: the District of Nevada, the Western District of Kentucky, the Southern District of Florida, and the District of Massachusetts. The Judicial Panel concluded that the District of Nevada was most appropriate because the breached Zappos servers and their administrators were based in Hendersonville, Nevada.〔 On 14 June 2012, Zappos filed a motion to compel arbitration and stay action. Such a motion would require that the Court stop proceedings on the consolidated suits that were arranged to take place in a single class action. Zappos would now require each individual plaintiff to go through an arbitration process. This motion was held in a clause in Zappos's terms of use, which declared that disputes shall be resolved through confidential arbitration.〔
Zappos argued that its customers were required to go through arbitration instead of personal jurisdiction because they automatically agreed to the terms of use when they used the Zappos.com website. Browsewrap agreements such as this are created when the user does not have to click a button or check a box to indicate that they have accepted the terms of service for a particular website.〔
The difference between a clickwrap agreement and a browsewrap agreement is that in a browsewrap agreement, the visitor to a site accepts the terms of service simply by visiting the website. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「In re Zappos.com, Inc., Customer Data Security Breach Litigation」の詳細全文を読む スポンサード リンク
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