06/20/2026
Buried hyperlink… or binding agreement?
The Eleventh Circuit's ruling in Tejon v. Zeus Networks is a reminder that how you present your Terms of Service link matters as much as whether you include one. If the link isn't conspicuous enough — wrong color, buried below action buttons, no notice that users are agreeing to anything — a court may refuse to enforce your arbitration clause.
Our latest blog breaks down:
• The difference between clickwrap and browsewrap agreements
• Why the court refused to enforce Zeus’s arbitration clause
• How page design and hyperlink placement impacted the ruling
• What to audit in your sign-up page design before a court does it for you
Read the full breakdown on the blog: https://www.friedbonderwhite.com/articles/blog-post-title-four-za9es-r7gd9-e66r6-bj3kz-2t9rs-ch5pl-6xz7f-xazad-tka5c-p5jd7-y8dy9