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 website. Clearwire also sent her a modem. In the enclosed written materials, at the bottom of a page, in small type was the website 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 website, required its subscribers to submit any dispute to arbitration. Is Reasonover bound to this clause?

Remember, we are told that even though an "I accept terms" box appeared, "without clicking on the box, Reasonover quit the page". That means Reasonover didn't expressedly accept the "Terms of Service."

Hence we could conclude that Reasonover was not bound to this clause found only on the website.

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