Question: Kristin signed a user agreement with Hagels Cable, Inc. upon installation of high-speed Internet service in her home. Included in the agreement was a provision
Kristin signed a user agreement with Hagel’s Cable, Inc. upon installation of high-speed Internet service in her home. Included in the agreement was a provision that the agreement could be amended at any time, and that customers would be notified of changes on Hagel’s website, by e-mail, or through regular mail. Hagel’s later added a clause to the agreement that any right to commence or participate in a class action suit was waived. The agreement, including the new clause, was posted on its customer support website, and a notice was posted on the main website that the agreement had been amended. Kristin has continued using the service since this time. However, she now wants to join a class action suit that is alleging a number of breaches of the agreement.31 Will the clause in the amended user’s agreement prevent her from bringing such an action? Did she receive adequate notice of the amended term? Does the fact that the user agreement relates to Internet services make a difference in whether the notice was adequate? How is this situation similar to the Rudder v. Microsoft Corp. case discussed in this chapter?
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The fact that the clause was in the contract and Kristin signed it will usually be enough to warrant ... View full answer
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