Simonoff v. Expedia, Inc., 643 F.3d 1202 (9th Cir. 2011). · Go Syfert
Simonoff v. Expedia, Inc., 643 F.3d 1202 (9th Cir. 2011). Cases Citing This Book View Copy Cite
“point of sale" is a term of art that applies to "face-to-face transactions that take place in a 'bricks-and-mortar' store or some comparable physical location at which the consumer is handed a receipt.”
86 citation events (86 in the last 25 years) across 28 distinct courts.
Strongest positive: SignalWave, LLC v. NextGen RF Design, Inc. (mnd, 2026-03-17)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 45 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) SignalWave, LLC v. NextGen RF Design, Inc.
D. Minnesota · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
hence the phrase 'courts in' a includes any court within the physical boundaries of the , even if the court does not derive its power and authority from the sovereignty of the .
discussed Cited as authority (verbatim quote) Newco Distributors, Inc. v. Earth Animal Ventures (2×) also: Cited as authority (rule)
C.D. Cal. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
forum selection clause that specifies 'courts of' a state limits jurisdiction to state courts . . . .
discussed Cited as authority (verbatim quote) Ahtna Design-Build, Inc. v. Asphalt Surfacing, Inc.
D. Alaska · 2022 · quote attribution · 1 verbatim quote · confidence high
e hold that a forum selection clause that vests 'exclusive jurisdiction and venue' in the courts 'in' a county provides venue in the state and federal courts located in that county.
examined Cited as authority (verbatim quote) Smart Communications Collier v. Pope County Sheriff's Office (3×) also: Cited as authority (rule)
8th Cir. · 2021 · quote attribution · 1 verbatim quote · confidence high
courts in king county
examined Cited as authority (verbatim quote) Kivo v. Blumberg Exelsior, Inc.
E.D.N.Y · 2013 · quote attribution · 1 verbatim quote · confidence high
point of sale" is a term of art that applies to "face-to-face transactions that take place in a 'bricks-and-mortar' store or some comparable physical location at which the consumer is handed a receipt.
discussed Cited as authority (rule) ULU Care LLC, et al. v. Luxury Lease Company
D. Ariz. · 2026 · confidence medium
Plaintiffs have a choice between 19 filing their claim in state court in Bergen County, New Jersey, or in federal court in the 20 District of New Jersey; dismissal will allow Plaintiffs to make this decision, and refile in 21 the court of their choice. 22 Plaintiffs cite Atlantic Marine, 571 U.S. 49 (2013) and Simonoff v. Expedia, Inc., 23 643 F.3d 1202, 1205 (9th Cir. 2011) to support their position that a § 1404(a) motion is the 24 correct avenue for relief.
discussed Cited as authority (rule) EBET, Inc. v. Aspire Global International Limited
D. Nev. · 2025 · confidence medium
“The plain language of the contract should be considered first, 12 with the understanding that the common or normal meaning of language will be given to the 13 words . . . unless circumstances show that in a particular case a special meaning should be 14 attached to it.” Simonoff, 643 F.3d at 1205 (internal citations and quotation marks omitted). 15 Paragraph 6.4 of the Note contains a choice of law provision stating that the Note shall 16 be enforced and governed by Nevada law, (FAC ¶ 67), which is a factor that the Court 17 evaluates below in Section B.
discussed Cited as authority (rule) Mabute v. Medliant Inc.
D. Nev. · 2024 · confidence medium
In 3 interpreting a forum selection clause, “[t]he plain language of the contract should be considered 4 first, . . . with the understanding that the common or normal meaning of language will be given 5 to the words of a contract unless circumstances show that in a particular case a special meaning 6 should be attached to it.” Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205 (9th Cir. 2011) 7 (simplified). 8 Here, the venue clause clearly and plainly states that Medliant “chooses to utilize the 9 venue of the 8th Judicial District Court in Las Vegas, Nevada as and for any disputes that may…
discussed Cited as authority (rule) Terracotta Credit Reit, LLC v. PR Retail Investors, LLC
C.D. Cal. · 2024 · confidence medium
Federal courts apply federal law in interpreting a forum selection clause, considering the plain language of the contract first with the understanding that the “common or normal meaning of language will be given to the words of a contract unless circumstances show that in a particular case a special meaning should be ______________________________________________________________________________ CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES—GENERAL Case No. CV 24-13-MWF (SKx) Date: March 26, 2024 Title: Terracotta Credit Reit, LLC v. PR Retail Investors, LLC, et al. attached to it.” Simono…
discussed Cited as authority (rule) ETS MIR LLC v. Petroci Holding Cote D' Ivoire
S.D.N.Y. · 2024 · confidence medium
Boeing Co. v. Bradway, 23 F.4th 714, 721 (7th Cir. 2022) (“Most circuits treat forum- selection clause references to courts ‘of’ a state as not including federal courts in the state, but references to courts ‘in’ a state as including both state and federal courts located in the state.”); Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205-06 (9th Cir. 2011); New Jersey v. Merrill Lynch & Co., 640 F.3d 545, 548-49 (3d Cir. 2011); Dixon v. TSE Int’l Inc., 330 F.3d 396, 398 (5th Cir. 2003) (“Federal district courts may be in [a state], but they are not of [that state].”).
discussed Cited as authority (rule) Ayeni v. Bank of America N.A.
D.N.M. · 2024 · confidence medium
The Ninth Circuit has stated that “the phrase ‘courts in’ a state includes any court within the physical boundaries of the state, even if the court does not derive its power and authority from the sovereignty of the state.” Simonoff v. Expedia, Inc., 643 F.3d 1202, 1206 (9th Cir. 2011) (citing Doe 1 v. AOL LLC, 552 F.3d 1077 , 1082 n.8 (9th Cir. 2009)).
discussed Cited as authority (rule) Fredericks v. Lee (2×) also: Cited "see"
D. Nev. · 2023 · confidence medium
Simonoff, 643 F.3d at 1205 (citations omitted).
discussed Cited as authority (rule) Centro Veterinario y Agricola Limitada v. Aquatic Life Sciences Inc
W.D. Wash. · 2023 · confidence medium
Doe 1 thus stands for the rule “that a forum selection clause that specifies ‘courts 17 of’ a state limits jurisdiction to state courts, but specification of ‘courts in’ a state includes both 18 state and federal courts.” Simonoff v. Expedia, Inc., 643 F.3d 1202, 1206 (9th Cir. 2011). 19 Here, the parties’ contract provides that disputes will be resolved by the courts “of 20 Washington State.” Dkt.
discussed Cited as authority (rule) U.S. Crane & Rigging, Inc. v. EC Source Services, LLC
W.D. Va. · 2023 · confidence medium
Where a forum selection clause provides for “‘exclusive jurisdiction and venue’ in the courts ‘in’ a county,” venue is proper in both “state and federal courts located in that county.” Simonoff v. Expedia, Inc., 643 F.3d 1202, 1207 (9th Cir. 2011).
discussed Cited as authority (rule) Cherine Medawar v. Otis Elevator Company
C.D. Cal. · 2022 · confidence medium
Opp’n at 16–21. 15 As an initial matter, contract interpretation begins with the plain language of the contract, 16 Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205 (9th Cir. 2011) (“The plain language of the contract 17 should be considered first . . . .” (quoting Doe 1 v. AOL LLC, 552 F.3d 1077, 1081 (9th Cir. 2009))), 18 and here the Contract contains no language limiting special, indirect, or consequential damages only 19 to delays beyond Otis Elevator’s reasonable control. 20 Although the Contract specifically lists “loss of profits” among the damages neither party 21 shall be…
discussed Cited as authority (rule) Pat & Larry Investments, LLC v. Master Wholesale & Vending Supply, Inc.
E.D. Mo. · 2022 · confidence medium
Courts have recognized that in this context, “the word ‘in’ imposes a geographic limitation.” City of Albany v. CH2M Hill, Inc., 924 F.3d 1306, 1308 (9th Cir. 2019). “[W]hen a federal court sits in a particular county, the district court is undoubtedly ‘in’ that county.” Smirnoff v. Expedia, Inc., 643 F.3d 1202, 1206 (9th Cir. 2011).
cited Cited as authority (rule) Fleming, Jr. v. Robinson Aviation (RVA), Inc.
D.P.R. · 2021 · confidence medium
Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205 (9th Cir. 2011) (internal citations omitted).
discussed Cited as authority (rule) Todd Meyer v. Fifth Third Bank
9th Cir. · 2021 · confidence medium
The forum-selection clause requires that litigation by Meyer “shall be brought and determined in Orange County, California.” “Because the clause uses the preposition ‘in,’ the contract contemplates federal as well as state courts as proper courts for adjudication.” Simonoff v. Expedia, Inc., 643 F.3d 1202, 1206 (9th Cir. 2011).
cited Cited as authority (rule) Best Western International Incorporated v. 764 4th Avenue Associates LLC
D. Ariz. · 2020 · confidence medium
Simonoff v. Expedia, Inc., 643 F.3d 1202, 1207 (9th Cir. 21 2011).
discussed Cited as authority (rule) Bielema v. The Razorback Foundation, Inc.
W.D. Ark. · 2020 · confidence medium
Bartels v. Saber Healthcare Grp., LLC, 880 F.3d 668, 674 (4th Cir. 2018) (reasoning that a forum- selection clause mandating that a county shall be the sole and exclusive venue for dispute resolution precludes removal “[b]ecause there is no federal courthouse in the designated county.”); Simonoff v. Expedia, Inc., 643 F.3d 1202, 1207 (9th Cir. 2011) (finding a forum-selection clause was not jurisdictional when a federal courthouse was located in the county identified as the exclusive venue); All.
cited Cited as authority (rule) Color Switch LLC v. Fortafy Games Dmcc
9th Cir. · 2020 · confidence medium
Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205 (9th Cir. 2011).
discussed Cited as authority (rule) Competent Software Pvt. LTD v. Corelogic Solutions, LLC
C.D. Cal. · 2020 · confidence medium
The Ninth Circuit has distinguished between forum selection clauses that refer to the courts “of” a state, county, etc. and those that specify the courts “in” a state, county, etc. Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205-06 (9th Cir. 2011).
discussed Cited as authority (rule) Vaporpath Inc v. WNA Inc
W.D. Wash. · 2019 · confidence medium
Defendants argue that the language of Vaporpath’s forum selection 6 clause is permissive because it does not preclude suits in other courts that have jurisdiction over 7 the parties. 8 Federal law applies to the interpretation and enforcement of forum selection clauses. 9 Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205 (9th Cir. 2011). “[T]he common or normal 10 meaning of language will be given to the words of a contract unless circumstances show that in a 11 particular case a special meaning should be attached to it.” Doe 1 v. AOL LLC, 552 F.3d 1077 , 12 1081 (9th Cir. 2009) (quoting Hu…
discussed Cited as authority (rule) Todd Meyer v. Fifth Third Bank
C.D. Cal. · 2019 · confidence medium
The Ninth Circuit has distinguished between forum selection clauses that refer to the courts “of” a state, county, etc. and those that specify the courts “in” a state, county, etc. Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205-06 (9th Cir. 2011).
cited Cited as authority (rule) Alaskan Brewing, LLC v. Peakaso Partners, LLC
D. Alaska · 2019 · confidence medium
Gleason UNITED STATES DISTRICT JUDGE 65 Docket 27-1 at 2. 66 Simonoff v. Expedia, Inc., 643 F.3d 1202, 1207 (9th Cir. 2011) (emphasis added). 67 See Atl.
examined Cited as authority (rule) Switch, Ltd v. GEI Consultants, Inc. (6×) also: Cited "see"
D. Nev. · 2019 · confidence medium
In contrast, “a forum selection clause that vests ‘exclusive jurisdiction and 11 venue’ in the courts ‘in’ a county provides venue in the state and federal courts located in 12 that county[,]” Simonoff v. Expedia, Inc., 643 F.3d 1202, 1207 (9th Cir. 2011), if there is a 13 federal courthouse in that county.
cited Cited as authority (rule) White Knight Yacht LLC v. Certain Lloyds at Lloyd's London and Other London Market Insurers
S.D. Cal. · 2019 · confidence medium
Simonoff v. 13 Expedia, Inc., 643 F.3d 1202, 1205 (9th Cir. 2011); Argueta v. Banco Mexicano, 14 S.A., 87 F.3d 320, 324 (9th Cir. 1996).
discussed Cited as authority (rule) Quicken Loans Inc. v. RE/MAX, LLC
E.D. Mich. · 2016 · confidence medium
Mich. 2015) (Holding that ‘“a forum selection clause that specifies “courts of’ a state limits jurisdiction to state courts, but specification of “courts in” a state includes both state and federal courts.’ ” (quoting Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205-06 (9th Cir. 2011)).
discussed Cited as authority (rule) Ingenium Technologies Corp. v. Beaver Aerospace & Defense, Inc.
E.D. Mich. · 2015 · confidence medium
Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205-06 (9th Cir.2011) (citations and quotation marks omitted); see also New Jersey v. Merrill Lynch & Co., 640 F.3d 545, 549 (3d Cir.2011) (forum selection clause providing that “exclusive jurisdiction [] shall lie in the appropriate courts of the State [of] New Jersey” barred removal to federal district court) (collecting cases); FindWhere Holdings, Inc. v. Sys.
discussed Cited as authority (rule) Andrade v. Desert Champions LLC (2×) also: Cited "see"
N.D. Cal. · 2015 · confidence medium
In support of this argument, Defendant relies heavily upon Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205 (9th Cir.2011).
discussed Cited as authority (rule) Travelers Property Casualty Company of America v. Ther Kansas City Landsmen, L.L.C. (2×)
11th Cir. · 2015 · confidence medium
See Long v. Tommy Hilfiger U.S.A., Inc., 671 F.3d 371, 375-76 (3d Cir.2012); Simonoff v. Expedia, Inc., 643 F.3d 1202, 1210 (9th Cir.2011).
discussed Cited as authority (rule) Cycle City, Ltd. v. Harley-Davidson Motor Co.
D. Haw. · 2014 · confidence medium
When considering a forum selection clause, the “plain language of the contract should be considered first with the understanding that the common or normal meaning of language will be given to the words of a contract unless circumstances show that in a particular case a special meaning should be attached to it.” Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205 (9th Cir.2011) (internal citations and quotations omitted).
discussed Cited as authority (rule) James X. Bormes v. United States
7th Cir. · 2014 · confidence medium
Because the only other appellate decision on the subject has agreed with Shlahtichman , see Simonoff v. Expedia, Inc., 643 F.3d 1202, 1207-10 (9th Cir.2011), overruling would create a conflict among the circuits. *798 Nonetheless, Bormes maintains, reading § 1681c(g)(l) as Shlahtichmcm did makes the statute substantially inapplicable to transactions on the Internet, and he thinks that we should avoid that consequence in order to achieve more of what he sees as the legislative goal.
cited Cited "see" Experiential Systems, Inc. v. Reddish
N.D. Ill. · 2023 · signal: see · confidence high
See Simonoff, 643 F.3d at 1206 n.1 (collecting cases); Bartels, 880 F.3d at 674–75 (4th Cir. 2018); see also Smart Commc’ns Collier Inc. v. Pope Cnty.
cited Cited "see" PersaudBramante Apartments, L.L.C. v. Underwriters at Lloyd's of London
D. Minnesota · 2023 · signal: see · confidence high
See Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205 (9th Cir. 2011); FindWhere Holdings, Inc. v. Sys.
cited Cited "see" Kittitas Reclamation District v. Tetra Tech Inc
E.D. Wash. · 2020 · signal: see · confidence high
See Simonoff v. Expedia, Inc., 643 F.3d 1202, 1205 (9th Cir. 2011); Manetti- 12 Farrow, Inc. v. Gucci America, Inc., 858 F.2d 509, 513 (9th Cir. 1988).
discussed Cited "see" Northport Health Services of Arkansas, LLC v. Ellis
W.D. Ark. · 2020 · signal: see · confidence high
See Simonoff v. Expedia, Inc., 643 F.3d 1202, 1206 (9th Cir. 2011) (“In short, the rule we adopted in Doe 1 is that a forum-selection clause that specifies ‘courts of’ a state limits jurisdiction to state courts, but specification of ‘courts in’ a state includes both state and federal courts); Id. at 1206 n.1 (finding this approach accords with the approach taken by the Courts of Appeal for the First, Fourth, Fifth, Sixth, Tenth, and Eleventh Circuits); Alliance Health Group, LLC v. Bridging Health Options, LLC, 553 F.3d 397 , 399–401 (5th Cir. 2008) (explaining that when a forum-s…
examined Cited "see" Bartels Ex Rel. Bartels v. Saber Healthcare Group, LLC (4×) also: Cited "see, e.g."
unknown court · 2018 · signal: accord · confidence high
Id. at 76-77 (emphasis added); accord Simonoff v. Expedia, Inc., 643 F.3d 1202, 1207 (9th Cir. 2011) (“[W]e hold that a forum selection clause that vests ‘exclusive jurisdiction and venue’ in the courts ‘in’ a county provides venue in the state and federal courts located in that county.” (emphasis added)); Alliance Health Grp., LLC v. Bridging Health Options, LLC, 553 F.3d 397, 400 (5th Cir. 2008) (“[T]he clause at hand, providing for venue in a specific county, permits venue in either federal or state court, because a federal courthouse is located in that county.” (emphasis ad…
discussed Cited "see" Octagon, Inc. v. United States District Court for the Northern District of California (2×)
9th Cir. · 2015 · signal: see · confidence high
See Simonoff v. Expedia, Inc., 643 F.3d 1202, 1206 (9th Cir.2011) (noting that federal “judicial districts are in fact defined by counties”).
examined Cited "see" Wood v. Igate Technologies, Inc. (3×)
N.D. Cal. · 2015 · signal: see · confidence high
See Simonoff v. Expedia, Inc., 643 F.3d 1202, 1206 (9th Cir.2011) (holding that when a forum-selection clause specifies “courts in” a given county venue is proper in a federal district court that sits in that county).
discussed Cited "see, e.g." Allstream Business US, LLC v. Carrier Network Solutions, LLC
D. Or. · 2021 · signal: see also · confidence medium
ECF 1-1 at §§ 10.2–10.3; see also Simonoff v. Expedia, Inc., 643 F.3d 1202, 1206 (9th Cir. 2011) (holding that “a forum selection clause that specifies ‘courts of’ a state limits jurisdiction to state courts, but specification of ‘courts in’ a state includes both state and federal courts”).
discussed Cited "see, e.g." Lawrence Salisbury v. City of Santa Monica
9th Cir. · 2021 · signal: see also · confidence medium
Oxford English Dictionary (2d ed. 1989); see also Simonoff v. Expedia, Inc., 643 F.3d 1202, 1206 (9th Cir. 2011) (“The word ‘in’ means to ‘express[] relation of presence, existence, situation, inclusion . . . ; inclosed or surround by limits, as in a room.’” (citation omitted)).
discussed Cited "see, e.g." Lawrence Salisbury v. City of Santa Monica
9th Cir. · 2021 · signal: see also · confidence medium
Oxford English Dictionary (2d ed. 1989); see also Simonoff v. Expedia, Inc., 643 F.3d 1202, 1206 (9th Cir. 2011) (“The word ‘in’ means to ‘express[] relation of 12 SALISBURY V.
cited Cited "see, e.g." Smart Communications Collier Inc v. Pope County Sheriff's Office
E.D. Ark. · 2020 · signal: compare · confidence low
Compare, e.g., Simonoff v. Expedia, Inc., 643 F.3d 1202 (9th Cir. 2011).
discussed Cited "see, e.g." LOC PERFORMANCE PRODUCTS, INC. v. FIDELITY TECHNOLOGIES CORPORATION
E.D. Pa. · 2020 · signal: see also · confidence medium
Env't Optimization, LLC, 626 F.3d 752, 755 (4th Cir. 2010)); see also Simonoff v. Expedia, Inc., 643 F.3d 1202, 1206 (9th Cir. 2011) (concluding that “[b]ecause the clause uses the preposition ‘in,’ the contract contemplates federal as well as state courts as proper courts for adjudication”); Alliance Health Grp., LLC v. Bridging Health Options, LLC, 553 F.3d 397, 400 (5th Cir. 2008) (“[T]he clause at hand, providing for venue in a specific county, permits venue in either federal or state court, because a federal courthouse is located in that county.”).
Retrieving the full opinion text from the archive…
Dimitriy SIMONOFF, Plaintiff-Appellant,
v.
EXPEDIA, INC., Defendant-Appellee
10-35595.
Court of Appeals for the Ninth Circuit.
May 24, 2011.
643 F.3d 1202
David Oppenheim (argued), Rolling Meadows, IL; David S. Breskin, Breskin Johnson & Townsend PLLC, Seattle, WA, for the plaintiff-appellant., Britton F. Davis, Wilson Sonsini Goodrich & Rosati, Seattle, WA; Rodney G. Strickland, Jr. (argued) and Laura Grant, Wilson Sonsini Goodrich & Rosati, Palo Ato, CA, for the defendant-appellee.
McKeown, Fisher, Gould.
Cited by 53 opinions  |  Published

OPINION

McKEOWN, Circuit Judge:

In 2003, Congress passed the Fair and Accurate Credit Transactions Act (“FAC-TA”), Pub.L. No. 108-159, 117 Stat.1952, an amendment to the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., in part to combat identity theft. FACTA provides that

no person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.

15 U.S.C. § 1681c(g)(l). This restriction covers only “receipts that are electronically printed, and [does] not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card.” Id. § 1681c(g)(2).

Expedia, Inc. runs a website that allows users to make travel arrangements online. Like other merchants “that aceept[ ] credit cards or debit cards,” see id. § 1681e(g)(1), Expedia must comply with FACTA. Dimitriy Simonoff purchased travel arrangements through Expedia’s website. Expedia then emailed him a receipt, which included the expiration date of Simonoff s credit card. He claims that this email receipt violates FACTA.

The question we consider under FACTA is the meaning of the words “print” and[*1205] “electronically printed” in connection with an emailed receipt. “Print” refers to many different technologies — from Mesopotamian cuneiform writing on clay cylinders to the Gutenberg press in the fifteenth century, Xerography in the early twentieth century, and modern digital printing — but all of those technologies involve the making of a tangible impression on paper or other tangible medium. See generally S.H. Steinberg, Five Hundred Years of Printing (new ed.1996). Although computer technology has significantly advanced in recent years, we commonly still speak of printing to paper and not to, say, iPad screens. Nobody says, “Turn on your Droid (or iPhone or iPad or Blackberry) and print a map of downtown San Francisco on your screen.” We conclude that under FACTA, a receipt that is transmitted to the consumer via email and then digitally displayed on the consumer’s screen is not an “electronically printed” receipt. We affirm the district court’s dismissal of Simonoffs claims under Rule 12(b)(6).

ANALYSIS

I. Forum Selection Clause

We first address a procedural aspect of the case — a forum selection clause. Simonoff initially filed an action in Illinois state court. Expedia removed the case to federal court and then moved to dismiss the action on the basis of the forum selection clause in Expedia’s user agreement. Simonoff voluntarily dismissed the action and re-filed his suit in state court in King County, Washington. Expedia again removed the case to federal court, and the district court denied Simonoffs motion to remand.

Before a user can complete a transaction through Expedia’s website, the user must consent to a user agreement that outlines the terms and conditions of the website’s use. The agreement contains a forum selection clause that provides: “You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington ... in all disputes arising out of or relating to the use of this Website.” The thrust of Simonoffs argument is that “exclusive jurisdiction and venue ... in King County” limits jurisdiction to the state courts.

We apply federal law in interpreting the forum selection clause in Expedia’s agreement. Doe 1 v. AOL LLC, 552 F.3d 1077, 1081 (9th Cir.2009) (per curiam). The “ ‘plain language of the contract should be considered first,’ ” id. (quoting Klamath Water Users Protective Ass’n v. Patterson, 204 F.3d 1206, 1210 (9th Cir.1999)), with the understanding that the “ ‘common or normal meaning of language will be given to the words of a contract unless circumstances show that in a particular case a special meaning should be attached to it,’ ” id. (quoting Hunt Wesson Foods, Inc. v. Supreme Oil Co., 817 F.2d 75, 77 (9th Cir.1987)).

Our recent decision in Doe 1 is central to our analysis. There we considered a forum selection clause in AOL’s website user agreement that provided for “exclusive jurisdiction for any claim or dispute ... in the courts of Virginia.” Id. at 1080. We concluded that the choice of the preposition “of’ in the phrase “the courts of Virginia” was determinative — “of’ is a term “ ‘denoting that from which anything proceeds; indicating origin, source, descent, and the like.’ ” Id. at 1082 (quoting Black’s Law Dictionary 1080 (6th ed.1990)). Thus, the phrase “the courts of’ a state refers to courts that derive their power from the state — i.e., only state courts — and the forum selection clause, which vested exclusive jurisdiction in the courts “of’ Virginia, limited jurisdiction to the Virginia state courts. Id. at 1081-82.

By way of contrast, however, we observed in Doe 1 that a forum selection[*1206] clause referring to “courts in” a state imposes a geographic limitation, not one of sovereignty. Id. at 1082 & n. 8. The word “in” means to “ ‘express[ ] relation of presence, existence, situation, inclusion ...; inclosed or surround by limits, as in a room.’ ” Id. at 1082 n. 8 (quoting Black’s Law Dictionary 758 (6th ed.1990)). Hence the phrase “courts in” a state includes any court within the physical boundaries of the state, even if the court does not derive its power and authority from the sovereignty of the state. See id. at 1082 & n. 8. In short, the rule we adopted in Doe 1 is that a forum selection clause that specifies “courts of’ a state limits jurisdiction to state courts, but specification of “courts in” a state includes both state and federal courts. [1]

The forum selection clause in the Expedia contract vests “exclusive jurisdiction and venue ... [in] the courts in King County” (emphasis added). Because the clause uses the preposition “in,” the contract contemplates federal as well as state courts as proper courts for adjudication. As other circuits have recognized, when a federal court sits in a particular county, the district court is undoubtedly “in” that county. See Alliance Health, 553 F.3d at 399- 400; Global Satellite Commc’n, 378 F.3d at 1272. [2]

Simonoffs reliance on the Tenth Circuit’s decision in Excell, Inc. v. Sterling Boiler & Mechanical, Inc., 106 F.3d 318 (10th Cir.1997), is at odds with our precedent. The forum selection clause in Excell provided that “^jurisdiction shall be in the State of Colorado, and venue shall lie in the County of El Paso, Colorado.” Id. at 320. The Tenth Circuit held that, under this clause, venue was proper only in state court. Id. at 321. In doing so, the court relied on the notion that “[f]or federal court purposes, venue is not stated in terms of ‘counties.’ Rather, it is stated in terms of ‘judicial districts.’ ” Id. (citation omitted). But, as the Fifth Circuit noted in Alliance Health, the reasoning in Excell “would be more persuasive were the federal courts organized in total disregard of state counties; if, for instance, federal judicial districts were defined by metes and bounds.” Alliance Health, 553 F.3d at 400- 01. Because judicial districts are in fact defined by counties, nothing in Excell undermines our reasoning in Doe 1; nor may we side-step our own precedent. [3]

[*1207] Consistent with Doe 1 and the decisions of our sister circuits, we hold that a forum selection clause that vests “exclusive jurisdiction and venue” in the courts “in” a county provides venue in the state and federal courts located in that county. The district court did not err in declining to remand the case to state court.

II. FACTA Does Not Cover Emailed Receipts

We next consider Simonoffs claim that Expedia violated FACTA by including the expiration date of the card in an emailed receipt. The crux of this dispute is whether an “electronically printed” receipt includes an email receipt displayed on a computer screen. As with all matters of statutory interpretation, “[w]e begin with the text of the statute.” Kasten v. SaintGobain Performance Plastics Corp. , — U.S. -, 131 S.Ct. 1325, 1331, 179 L.Ed.2d 379 (2011). The relevant portion of FACTA provides:

(1) In general
[N]o person that accepts credit cards or debit cards for the transaction of business shall print more than the last 5 digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of the sale or transaction.
(2) Limitation
This subsection shall apply only to receipts that are electronically printed, and shall not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card.
(3) Effective date
This subsection shall become effective— (A) 3 years after December 4, 2003, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is in use before January 1, 2005; and
(B) 1 year after December 4, 2003, with respect to any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions that is first put into use on or after January 1, 2005.

15 U.S.C. § 1681c(g). FACTA, then, prohibits merchants from printing credit card expiration dates and non-truncated credit card numbers on “electronically printed” receipts. Resolution of Simonoffs appeal turns on the meaning of “print” and “electronically printed.”

Although an issue of first impression for us, we are not the first circuit to analyze this issue. In a detailed and thoughtful opinion, the Seventh Circuit concluded that “Congress was regulating only those receipts physically printed by the vendor at the point of sale or transaction; to apply the statute to receipts that are emailed to the consumer would broaden the statute’s reach beyond the words that Congress actually used.” Shlahtichman v. 1-800 Contacts, Inc., 615 F.3d 794, 802 (7th Cir. 2010), cert. denied, — U.S. -, 131 S.Ct. 1007, 178 L.Ed.2d 828 (2011). We adopt the same interpretation in light of the plain meaning of “print” and “electronically printed” and their context in the statute.

Because the term “electronically printed” is not defined in the statute, we must determine its ordinary meaning. See, e.g., Crawford v. Metro. Gov’t of Nashville & Davidson Cnty., 555 U.S. 271, 129 S.Ct. 846, 851, 172 L.Ed.2d 650 (2009) (noting that undefined words in statutes carry their ordinary meaning). We begin with the meaning of the word “print,” turning,[*1208] as do the parties, to dictionary definitions for guidance. See id. (relying on dictionary definitions to ascertain the ordinary meaning of words undefined by statute).

The ordinary meaning of “print” is clear: printing involves a physical imprint onto paper or another tangible medium. See, e.g., Webster’s Third New International Dictionary 1803 (2002) (“[T]o make an impression in or upon: mark with a print.”); American Heritage Dictionary of the English Language 1441 (3d ed. 1996) (“To make an impression on or in (a surface) with a device such as a stamp, seal, or die.”); Oxford English Dictionary Online, available at: http://www.oed.com (last visited May 9, 2011) (“To make or produce (text, a book, a picture, etc.) by a mechanical process involving the transfer of characters or designs on to paper, vellum, etc., esp. from inked blocks, types, or plates.”). In short, “ ‘print’ in its transitive verb form ordinarily connotes the transfer of words or images to a tangible medium— often paper.” Shlahtichman, 615 F.3d at 799. A printed receipt is thus a receipt that exists in physical form, not one electronically displayed on a screen. [4]

The main dictionary definitions of “print” are supported by standard modern usage of that term. As the Seventh Circuit observed:

To “print” a receipt ... ordinarily connotes recording it on paper. That is why [the plaintiff] had to print a copy of his receipt to get it off of his computer; it is why the machine used to transfer text from a computer to paper is called a printer; and it is why a judge who asks a law clerk to print a case does not intend for the clerk to merely display the case on his computer screen.

Shlahtichman, 615 F.3d at 799 (alteration in original) (internal quotation marks and citation omitted).

That FACTA uses the phrase “electronically printed” as opposed to simply “print” does not change our analysis. By its terms, FACTA “applies] only to receipts that are electronically printed, and [does] not apply to transactions in which the sole means of recording a credit card or debit card account number is by handwriting or by an imprint or copy of the card.” 15 U.S.C. § 1681c(g)(2). FACTA, in other words, uses “electronically printed” as one half of the dichotomy between electronic and manual means of printing, and specifies that it applies only to the former, not the latter. See id. As a result, in the context of FACTA, “electronically” is an adverb modifying “printed.” Put another way, “electronically” functions to clarify the manner of printing by differentiating receipts printed with electronic devices from receipts printed by hand or by manual imprint; it does not change the definition of “print.” These contrasting options reinforce the notion that “print” connotes the making of an impression on “a tangible medium.” Shlahtichman, 615 F.3d at 799. Although “electronically printed,” when “considered in isolation, may [thus] be open to competing interpretations^] ... considering the provision in conjunction with the purpose and context” of the statutory text leads us to conclude that “only one interpretation is permissible.” See Hasten, 131 S.Ct. at 1331.

In enacting FACTA, Congress did not use language that would have clearly extended FACTA’s protection to electronically mailed receipts. For example, Con[*1209] gress could have applied FACTA to “electronically printed or transmitted ” receipts, to “electronically print able” receipts, or to “electronically displayed” receipts. See Simonoff v. Kaplan, Inc., No. 10 Civ. 2923, 2010 WL 4823597, at *7 (S.D.N.Y. Nov. 29, 2010). Congress, however, chose not to do so, even though it has referred to digital methods of communication and commerce in numerous other statutes. See Shlahtichman, 615 F.3d at 801-02 (canvassing various other federal statutes that use terms such as “Internet,” “Internet websites,” “electronic mail,” and “online service,” among others). We can’t fill in the blanks with words that Congress didn’t supply.

We may, of course, look to the structure of FACTA and its other provisions for further guidance on the meaning of “print.” See Kasten, 131 S.Ct. at 1331-33 (examining other uses of a phrase within a statute, in other statutes, in agency regulations, and in common judicial usage of a term). The statutory context confirms that the word “print” limits FACTA’s scope to receipts printed on paper or another tangible medium.

FACTA contains a staggered implementation provision that requires “any cash register or other machine or device that electronically prints receipts for credit card or debit card transactions” to comply with the statutory requirements by one of two dates, depending on when the device entered into use. 15 U.S.C. § 1681c(g)(3). This provision is significant for two reasons. First, the implementation provision applies only to machines that generate physical receipts. Cash registers unquestionably do so. The phrase extending coverage to any “other machine or device” “may be given more precise content by the neighboring words with which it is associated.” United States v. Stevens, — U.S. -, 130 S.Ct. 1577, 1588, 176 L.Ed.2d 435 (2010) (internal quotation and citation omitted). Thus, “other machine or device” should be read in light of “cash register.” [5] So read, “cash register or other machine or device” excludes machines that do no more than electronically display information. Like a cash register, the device must print the receipt.

FACTA’s implementation schedule is also noteworthy because it differs depending on when a particular device was put into use; the statute necessarily contemplates that the “person that accepts credit cards or debit cards for the transaction of business” has control over the “cash register or other machine or device that electronically prints” a receipt. See 15 U.S.C. § 1681c(g)(1) & (3). This provision is aimed at the vendor, not the consumer. Devices that print paper receipts at the store satisfy the condition, because merchants have direct control over those devices. By contrast, consumers’ computer screens do not fit into this regime. If computer screens were deemed to “print” receipts within the meaning of the statute, merchants’ liability would hinge on the date the customer purchased and began using a computer screen — an unintended, nonsensical, and unpredictable result. [6]

[*1210] FACTA also applies only to those devices that generate receipts “at the point of the sale or transaction.” 15 U.S.C. § 1681c(g)(1). “Point of sale” is a term of art that applies to “face-to-face transactions that take place in a ‘bricks-and-mortar’ store or some comparable physical location at which the consumer is handed a receipt.” Shlahtichman, 615 F.3d at 800. FACTA’s use of this phrase, along with the other phrases already referenced, furnishes additional evidence that a “printed” receipt is one given to the customer in a tangible form.

Given the plain meaning of “print,” the fact that the term “electronically” modifies the method of printing and does not alter the definition of “print,” the staggered implementation schedule that applies to physical devices that print paper receipts, and the limitation of the statute to receipts produced at the point of the sale or transaction, we hold that FACTA is unambiguous in its scope. The text of FACTA simply leaves no room to doubt that “electronically printed” receipts include only receipts impressed onto a tangible medium by electronic devices at the point of the sale or transaction, not receipts that are electronically transmitted to an email account or displayed on a computer screen.

Our obligation to construe FACTA broadly does not change the result here. FACTA, “as a remedial statute, should be construed liberally, and its exceptions should be read narrowly.” See Whisnant v. United, States, 400 F.3d 1177, 1184 (9th Cir.2005) (quoting O’Toole v. United States, 295 F.3d 1029, 1037 (9th Cir.2002)). Nevertheless, “[i]t is our function to give the statute the effect its language suggests, however modest that may be[,] not to extend it to admirable purposes it might be used to achieve.” Morrison v. Nat’l Austl. Bank Ltd., — U.S. -, 130 S.Ct. 2869, 2886,177 L.Ed.2d 535 (2010).

We join the Seventh Circuit, as well as the solid majority of district .courts that have addressed FACTA’s scope, in holding that FACTA does not apply to receipts sent to a customer’s email account and then displayed on a screen. See Shlahtichman, 615 F.3d at 798 (collecting cases). Accordingly, we affirm the judgment dismissing Simonoff s suit.

AFFIRMED.

1

. Our approach is in accord with other circuits that have addressed similar language in forum selection clauses. See FindWhere Holdings, Inc. v. Sys. Env't Optimization, LLC, 626 F.3d 752, 755 (4th Cir.2010); Alliance Health Grp., LLC v. Bridging Health Options, LLC, 553 F.3d 397, 399-400 (5th Cir.2008); Am. Soda, LLP v. U.S. Filter Wastewater Grp., Inc., 428 F.3d 921, 926 (10th Cir.2005); Global Satellite Commc'n Co. v. Starmill U.K. Ltd., 378 F.3d 1269, 1271-72 (11th Cir.2004); Dixon v. TSE Int’l Inc., 330 F.3d 396, 397-98 (5th Cir.2003) (per curiam); Basicomputer Corp. v. Scott, 973 F.2d 507, 510 (6th Cir. 1992); LFC Lessors, Inc. v. Pac. Sewer Maint. Corp., 739 F.2d 4, 6-7 (1st Cir.1984).

2

. Simonoff claims that the Western District of Washington is not truly '‘in” King County because it encompasses and has physical locations in several counties. However, the present action was removed to the Seattle Division of the Western District of Washington, which has its only courthouse in King County. This case unquestionably was removed to a court ''in” King County, Washington.

3

. We reject Simonoffs argument that the phrase "courts in” is not dispositive because the forum selection clause in Expedia’s contract refers jointly to "jurisdiction and venue.” See, e.g., FindWhere, 626 F.3d at 754 (making no distinction in interpretation where the forum clause addressed both jurisdiction and venue). Simonoff also relies on the word "exclusive,” arguing that because "exclusive” implies "one,” this case could only be brought in state court. But in this case, "exclusive” means to the exclusion of courts not located in King County, Washington; it does not denote a “singular” court.[*1207] See Alliance Health, 553 F.3d at 400 (upholding venue in federal court based on a clause providing "exclusive venue ... in” a county).

4

. Simonoff cites two definitions in support of the contrary view. One of those definitions, however, lists Simonoff's preferred meaning as the definition not of "print” but of "print out” — a term that does not appear in FACTA and is listed separately from "print” in the dictionary. Simonoff's alternate definition does little to aid in the interpretation of “print.”

6

. Today, some retailers use devices that generate either a paper receipt in the store or an email receipt, at the customer’s option. In any case, merchants like Expedia who make sales over the Internet have no control over whether, or how, their customers print receipts.