Amanda sues Ben in Carter Circuit Court and wins a judgment against him in the amount of $$75,000.$ About a week after the trial, Ben went back through his contract with Amanda and found a form Amanda signed which contained, in fine print on the back side of the document, a notice that his refund and return policy didn't apply to out$-$of$-$state customers. Ben is elated and immediately files an appeal.

Question: Given his new discovery, will Ben prevail on appeal?

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