This blog post discusses two recent Ninth Circuit cases that scrutinize online Terms of Service (TOS) formations. It highlights the court's exacting standards for user assent and conspicuousness of TOS notifications, relating to cases involving Yippee Entertainment and LendingTree. The author critiques the court's approach to TOS validity based on the clarity and presentation of assent mechanisms, advocating for more user-friendly designs. Overall, the post serves as a cautionary tale for businesses regarding TOS implementation.