Case 2:21-cv-00031-BJR Document 34 Filed 01/21/21 Page 9 of 14
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definition. See AWS Opp. Br. at 3-4 (citing Exec. 2 Decl., ¶ 5; Ex. E at 1-3, 6-7, 13, 17, 28, 32,
49, 53-54).
Parler has not denied that content posted on its platform violated the terms of the CSA
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and the AUP; it claims only that AWS failed to provide notice to Parler that Parler was in breach,
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and to give Parler 30 days to cure, as Parler claims is required per Section 7.2(b)(i). However,
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Parler fails to acknowledge, let alone dispute, that Section 7.2(b)(ii)—the provision immediately
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following—authorizes AWS to terminate the Agreement “immediately upon notice” and without
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providing any opportunity to cure “if [AWS has] the right to suspend under Section 6.” And
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Section 6 provides, in turn, that AWS may “suspend [Parler’s or its] End User’s right to access
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or use any portion or all of the Service Offerings immediately upon notice” for a number of
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reasons, including if AWS determines that Parler is “in breach of this Agreement.” In short, the
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CSA gives AWS the right either to suspend or to terminate, immediately upon notice, in the
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event Parler is in breach.
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Parler has not denied that at the time AWS invoked its termination or suspension rights
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under Sections 4, 6 and 7, Parler was in violation of the Agreement and the AUP. It has therefore
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failed, at this stage in the proceedings, to demonstrate a likelihood of success on its breach of
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contract claim.
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3. Intentional Interference with Business Expectancy Claim
Under Washington law, in order to establish a tortious interference claim, Parler must
prove: (1) the existence of a valid contractual relationship or business expectancy; (2) that
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defendants had knowledge of that relationship; (3) an intentional interference inducing or
causing a breach or termination of the relationship or expectancy; (4) that defendants interfered
for an improper purpose or used improper means; and (5) resultant damage. See Leingang v.
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