“A court cannot compel a party to arbitrate where that party has not previously agreed to arbitrate…. A party cannot assent to terms of which is has no knowledge or constructive notice, and a highly inconspicuous hyper link buried among a sea of links does not provide such notice. Because Plaintiffs did not assent to the terms, no contract exists, and they cannot be compelled to arbitrate.”
This issue is far from over, but it’s a cautionary tale for all of us who have websites that contain browse-through agreements.
This is just a basic overview and is not legal advice specific to your situation. If you would like to speak with Jonathan about your situation, please email him at email@example.com or call him at 925-327-1019.