Defendant established, prima facie, that there was an arbitration agreement by submitting evidence that plaintiff electronically signed defendant's updated terms of use, which included an arbitration provision, by clicking a checkbox and button that confirmed that she had reviewed and consented to the terms. Although plaintiff disputes whether she had inquiry notice of the terms, she did not affirmatively deny actual notice. In addition, defendant established inquiry notice, as a matter of law, by submitting the email and in-application pop-up screen that informed plaintiff that the changes to terms affected arbitration rights and included prominent hyperlinks to the terms in font commonly understood to signify hyperlinks. Plaintiff's arguments disputing the validity of the terms and raising unconscionability must be decided by the arbitrator, because the terms contain a delegation provision that plaintiff did not specifically challenge.
Wu v. Uber Tech., Inc., NY Slip Op 04706 (1st Dep't September 21, 2023)
