Cengage Advantage Books: Business Law Today, The Essentials 10th Edition by Roger LeRoy Miller

Exercise 12

Online Acceptances. Heather Reasonover opted to try Internet service from Clearwire Corp. Clearwire sent her a confirmation e-mail that included a link to its Web site. Clearwire also sent her a modem. In the accompanying written materials, at the bottom of a page, in small type was the Web site URL. When Reasonover plugged in the modem, an "I accept terms" box appeared. Without clicking on the box, Reasonover quit the page. A clause in Clearwire's "Terms of Service," accessible only through its Web site, required its subscribers to submit any dispute to arbitration. Is Reasonover bound to this clause? Why or why not? [Kwan v. Clearwire Corp., 2012 WL 32380 (W.D.Wash. 2012)] (See pages 213-214.)