Kroskey
Kroskey v. Elevate Labs, LLC
Opinion
Trial Court Opinion
I. BACKGROUND
Plaintiff purchased a subscription membership to the Balance App in July 2023. Compl. § 2 9. While signing up for a membership, he was directed to an account creation page on the Balance 3 App that reads at the bottom: “By creating your account, you agree to Balance’s Terms & 4 Conditions and Privacy Policy.” Mot., Ex. A (“Sign Up Screen”), ECF No. 14-2 (emphasis in 5 original). All text in this sentence appears in grey and in the same font and size: 6 - Sign up 8 9
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a : a . oe aoe Pi 20 oa, When a user clicks on “Terms & Conditions,” they are led to a document titled “Terms of Service.” Mot., Ex. B, ECF No. 14-3. After one paragraph of text, the document states in 24 |! italicized font: 25 26 27 || Case No.: 5:24-cv-08113-EJD
ORDER GRANTING MOTION TO COMPEL ARBITRATION
Arbitration Notice
Unless you opt of arbitration within 30 days of the date you first agree to those terms, you agree that (1) you will only…