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stion 4 yet wered nts out of Flag question America Online, Inc. (AOL), provided e-mail service to Officer Timothy Leary of the Mount Clemens Police
stion 4 yet wered nts out of Flag question America Online, Inc. (AOL), provided e-mail service to Officer Timothy Leary of the Mount Clemens Police Department and Hugh Heffner of California. A click-on agreement titled "Terms of Service (TOS) required all parties to accept a Forum-selection clause that read, "You expressly agree that exclusive jurisdiction for any claim or dispute with AOL or relating in any way to your membership or your use of AOL resides in the courts of Virginia." {A Forum Selection clause, as you read in the book, is a contract clause whereby the parties agree that any legal dispute will be resolved within a specified jurisdiction.) When Officer Timothy Leary of the Mount Clemens Police Department received threatening e-mails sent from an AOL account, which he suspected belonged to Heffner, he requested and obtained from AOL Heffner's name and other personal information. Heffner filed a suit California against AOL for violating his privacy. AOL then filed a Motion to Dismiss on the basis of the Forum-selection clause. Is the Forum Selection Clause enforceable? a. Yes, because Heffner's claims are claims or disputes with AOL' which relate to his membership and/or his use of AOL's services. O b. Yes because Heffner has a better chance of winning his case against AOL if he litigates in the forum they selected. O C No because a Forum Selection clause is "legalese" which unfairly requires people who are unfamiliar with the law to file suit in another state. Because it is unconscionable, the court will not enforce the Forum Selection clause. O d. No because the issue in Heffner's suit is invasion of privacy, which is based on Michigan state law and therefore the claim should be litigated in Michigan.
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