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Recently, a U.S. Circuit Court upheld the enforceability of website terms of service (ToS), even though the user did not have to click-through to agree. Read "Second Circuit Scraps District Court’s Denial of Uber’s Motion to Compel Arbitration."
Link to article just in case you can't click it: https://www.lexology.com/library/detail.aspx?g=fe9a159b-8944-4527-9d04-b71591d27658
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