Internet users are increasingly confronted by websites that state that continued use of the site will result in binding them to various conditions. Often this includes an agreement to submit any future disputes to arbitration.

Recently, in Berman v. Freedom Financial Network, 30 F. 4th 849 (9th Cir. 2022), the U.S. Court of Appeals for the Ninth Circuit revisited an issue earlier addressed, asking: “Under what circumstances can the use of a website bind a consumer to a set of hyperlinked ‘terms and conditions’ that the consumer never saw or read?”

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