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Grosvenor v. Qwest Corp.

854 F.Supp.2d 1021 (D. Colo. 2012)

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Grosvenor v. Qwest Corp.

United States District Court for the District of Colorado

854 F.Supp.2d 1021 (D. Colo. 2012)

Facts

Grosvenor (plaintiff) sought an internet subscription from Qwest Corporation (Qwest) (defendant). Qwest sent Grosvenor an installation compact disc to activate his subscription. The first window of the installation process was entitled “Legal Agreements” and referenced terms and conditions, including an arbitration clause, found on Qwest’s website. A user who clicks on the link to Qwest’s website must navigate through at least two screens in order to reach the referenced information. Another window in the installation process informed the user that, by clicking the “I Accept” button, the user agreed to the terms of the legal agreements on Qwest’s website. Below the window was additional text warning the user that clicking the “I Accept” button constituted a signature and assent to the referenced agreements. A user is unable to access the Internet unless the terms are accepted. Grosvenor clicked the “I Accept” button and Qwest thereafter sent Grosvenor a Welcome Letter. The letter again referenced the terms of service found on Qwest’s website and allowed Grosvenor the opportunity to cancel his subscription within 30 days. Grosvenor did not cancel his subscription. Grosvenor later brought suit against Qwest alleging breach of contract. Qwest brought a motion to compel arbitration of Grosvenor’s claims against Qwest.

Rule of Law

Issue

Holding and Reasoning (Krieger, J.)

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