Affinity Internet v. CONSOLIDATED CREDIT

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the doctrine of incorporation by reference requires the expression of an intent to be bound by a collateral document
• holding that the trial court did not err in denying a motion to compel arbitration without holding an evidentiary hearing, because “no factual issues were in dispute and the issue of whether a valid arbitration agreement existed was a matter of law”
• \The words `subject to' `usually indicate a condition to one party's duty of performance and not a promise by the other. '\
• document must be readily available and parties intent to be bound by on-line terms must be expressed
• whether the party sought to be compelled to arbitrate had signed a user agreement containing an arbitration provision, which was alleged to have been incorporated by reference into the contract
• \No evidentiary hearing was required because no factual issues were in dispute and the issue of whether a valid arbitration agreement existed was a matter of law.\

Source: CourtListener parenthetical corpus (CC0).