Question
Kate hires a contractor to remodel her home in Missouri based on a referral from FixIt4Me Corp., an Internet referral website based in Denver, Colorado.
Kate hires a contractor to remodel her home in Missouri based on a referral from FixIt4Me Corp., an Internet referral website based in Denver, Colorado. The website offers free referrals to pre-screened construction contractors. The website process involves a series of computer screens or web pages. Each page is hyperlinked to FixIt4Me's terms and conditions, which include a choice-of-law provision and a forum selection clause limited to Denver County, Colorado. Kate files a lawsuit in Missouri State Court against FixIt4Me Corp. after she becomes dissatisfied with the services of contractors she obtained through the website.
How would a court rule on the following:
1) the enforceability of the terms and conditions found in the online agreement.
2) whether the Missouri court has personal jurisdiction over FixIt4Me.
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