Perry-Hudson

background. Id. at 1020. So although the links are merely underscored, the presentation of the Terms & Conditions hyperlink provided reasonably conspicuous notice to Perry-Hudson.1 2. Twilio can enforce Perry-Hudson’s arbitration agreement with Keeps based on equitable estoppel. There are two circumstances in which a party can be equitably estopped from avoiding arbitration with a nonsignatory to the arbitration agreement:

1 In a post-hearing letter, Perry-Hudson appeared to abandon his factual argument that he was not presented with working hyperlinks to the Terms & Conditions and Privacy Policy and disavowed his desire to seek discovery on the issue of the formation of the arbitration agreement. The record, as it exists now, supports a conclusion that Perry-Hudson was presented with working hyperlinks. (1) when a signatory must rely on the terms of the written agreement in asserting its claims against the nonsignatory or the claims are intimately founded in and intertwined with the underlying contract, and (2) when the signatory alleges substantially interdependent and concerted misconduct by the nonsignatory and another signatory and the allegations of interdependent…