Changes to Web-site terms of service aren’t binding without notice, says (another) court

You’ve probably seen — and you might have drafted — Web-site terms of service like the ones that grocery-store company Safeway had, saying, in essence, we can change these terms at any time, and you’re bound by them if you continue to use the service; it’s up to you to re-read the terms each time you use the site:

Changes to Terms and Conditions

… [Safeway] will plan to notify you of any material amendments to these Terms and Conditions; however, it is your responsibility to review the Terms and Conditions before submitting each order. [Safeway] has no responsibility to notify you of any changes before any such changes are effective.

Rodman v. Safeway Inc., No. 11-cv-03003-JST part II-A (N.D. Cal. Dec. 10, 2014) (granting class plaintiff’s motion for summary judgment that Safeway had overcharged on-line customers) (alteration marks by the court, emphasis added).

That clause didn’t fly with a California federal district court, citing Ninth Circuit precedent, as explained by Venkat Balasubramani.