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In a recent case this May, the California Court of Appeals considered a lower court's decision denying the right to enforce an arbitration clause that existed in an online seller's terms of use. The online seller tried to enforce its arbitration clause based on a provision in the website's terms of use which was only viewable via a hyperlink at the bottom of each page of its website. The court held that the terms of use were too inconspicuous for the consumer to ...
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