Grosvenor v. Qwest Corp.
United States District Court for the District of Colorado
854 F.Supp.2d 1021 (D. Colo. 2012)
Grosvenor (plaintiff) installed internet service software from Qwest (defendant) that referenced legal agreements, including an arbitration clause, hosted on a separate website reachable only by navigating through additional screens. Grosvenor clicked "I Accept," was warned that doing so counted as a signature, and could not access the internet without agreeing; Qwest then sent a Welcome Letter that again linked to the terms and gave him 30 days to cancel, which he did not do. Grosvenor later sued Qwest for breach of contract, and Qwest moved to compel arbitration.
Whether a contract term contained only on a separate, linked website can be deemed conspicuously placed and binding on a clickwrap user.