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Tuesday, July 19, 2011

HOFFMAN VS. SUPPLEMENTS TOGO MANAGEMENT A-5022-09T3 05-13-11

05-13-11 HAROLD M. HOFFMAN, ETC. VS. SUPPLEMENTS TOGO MANAGEMENT, LLC, ET. AL.

A-5022-09T3

We reverse the trial court's enforcement of a forum selection clause within the internet webpage of the defendant product sellers, where the webpage was structured in a manner that "submerged" the clause so that it would not appear on a potential purchaser's computer screen unless he or she scrolls down to display it before adding a product to his or her electronic "shopping cart."