Wednesday, May 23, 2007

2007-05-23 Older Case, Good Law: Incorporation of Website by Reference

In Affinity Internet, Inc., d/b/a Skynetweb, v. Consolidated Credit Counseling Services, Inc. No. 4D05-1193 (4th Dist. FL 2006), the Court of Appeals refused to enforce an arbitration clause which had been incorporated by reference --- to a web site. Chief among the reasons for rejecting such incorporation was that the link was a dead link, or did not point to the arbitration clause. Of course, an argument could have been made as well that no foundation was laid to establish that the link was *the* link in question to specific arbitration clause asserted. Imo, the evidentiary quality is otherwise very weak.

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