Business Law 5th Edition by David Twomey ,Marianne Jennings ,Stephanie Greene

Exercise 13

Consolidated Credit Counseling Services, Inc. (Consolidated), sued Affinity Internet, Inc., doing business as SkyNetWEB (Affinity), for breach of its contract to provide computer and Web hosting services. Affinity moved to compel arbitration, and Consolidated argued that the contract between the parties did not contain an arbitration clause. The contract between the parties stated in part: "This contract is subject to all of SkyNetWEB's terms, conditions, user and acceptable use policies located at http://www.skynetweb.com/company/legal/legal.php. " An arbitration provision can be found bygoing to the Web site and clicking to paragraph 17 of the User Agreement. The contract itself makes no reference to an agreement to arbitrate, nor was paragraph 17 expressly referred to or described in the contract. Nor was a hard copy of the information on the Web site either signed by or furnished to Consolidated. Was Consolidated obligated to arbitrate under the clear language of paragraph 17 [ Affinity Internet v. Consolidated Credit , 920 So. 2d 1286 (Fla. App.)]