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Arbitration provision in subscriber agreement unenforceable where not clearly incorporated into clickwrap services agreement

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • January 11 2011

An arbitration provision contained in an online Internet services subscriber agreement is not enforceable where the subscriber agreement was not clearly incorporated into the clickwrap services agreement presented to the subscriber at the time the subscriber installed the provider's software, a district court ruled

Arbitration clause referenced in contract with ISP binding on subscriber

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2010

An arbitration clause referenced in a business services agreement signed by an Internet services subscriber is enforceable under the Federal Arbitration Act, a district court ruled