Contract Formation
Heather opted to try a mobile internet service from Clearwire Corp. She requested a 14-day trial period with the vendor. In order to access the service or use the equipment for the service, customers are required to agree to Clearwire’s standard terms of service. The TOS contained a provision that states that any disputes arising under it must be resolved by binding arbitration before an arbitrator in California and that the customer waives any rights to a jury trial or to participate in a class-action lawsuit. The TOS also indicated that the customer was obliged to pay for one year of service after the 14 day trial period had ended and that the TOS contained all of the provisions of the understandings of the parties, superseding any prior oral or written representations.
Clearwire claimed that in response to Heather’s order, it sent a confirmation email that contained a link to the TOS. The following week, Clearwire shipped a modem for mobile internet access. After connecting the modem, Heather was presented with a website page that contained the TOS and an button, however, Heather did not click the button but instead contacted technical support, and ultimately returned the modem to Clearwire, more than 14 days after the modem was initially connected to the service.
To complete this assignment, write at least 1-page that discusses whether there is an agreement between Heather and Clearwire, explaining why or why not using the concepts of contract formation from the assigned reading.