conditions there most on websites in that circumstance question is whether the website presents its true in a manner provide a reasonable notice to the reasonably prudent internet user they are being bound to an what's insufficient it is there any california case that tells us what would be sufficient unfortunately there is not your honor and so that we certify this should we certify this to the california supreme court seems like a pretty important can get they can get an injunction from the arbitrator's yes your honor and comedy club where they get a recommendation of an injunction and then they have to go to court so to to get in for civil rights if you're correct your honor and then in the grant equitable relief i don't think there should be an arbitration is case but if somebody does me i'm wrong i still retain that ability after after the parties go to the arbitrators who is do we have to overturn that order yes and the writer below here included three unique elements support the district court's conclusion that in to its terms were not reasonably conspicuous and therefore cannot serve to establish construct notice of the terms as a basis to compel arbitration and the st uncontested and unreported point here in the district court is the expert opinion of dr harry   this circuit and then back along the california court of appeals is that you must have a conspicuous not only these terms and conditions but language that indicates up on clicking a button they say in must be conspicuous if you look at the very cases that intuit cites here in fact their entire request and you if you think it is conspicuous to a reasonable person we would lose on the st point and we would ask the court remand on the nd but i just want to be clear that there really is no has nothing to do with this case has nothing to do with the goods or services that are at issue in this case it has nothing to do with the arbitration clause that interview it seeks to enforce through these terms i completely immaterial with nearly identical language separated by this imperceptible comma and again we think is this positive against into it because it works against reading the attachments that you would manage to click the right that's that that can't be the conspicuous textual notice that when long and huge talk about and also removes from the in this or and under california law and just what the speaker let me ask you a question let's assume this was a turbo tax sign in page rather than a two sided page and it only said by clicking you agree to the turbo tax terms of service would that be different it would be modestly different you would have acted in your view not enough not not enough because again we have again we have what was accepted by the court as evidence uncontested that we think this court and consider a fact and that fact is the design of this website was designed to being conspicuous it is uncontested fact in the record nobody has contested it the defendant did not seek to take the position of our expert and the reason we retained an expert in this case is because we were all the state says we understand what the standard is here i conspicuousness how do businesses including does this is like into it you know how to design a website to write traffic well what design choices did they make here to drive traffic and what's in evidence uncontested innocence and are you there yes i'm here judges it looks like he did actually disconnect from the call i can tend to contact a few doesn't appear in a minute a fighting characteristic of a browser up if you allow me your honor is the idea then you can click the button you can take the action without expressly agreeing to her and the where we've all seen that or i phones for example where you have to read the terms and conditions and agree so my question is in your view is that the minimum that's required or can something where you don't have the terms on the front page and you agree nonetheless be sufficiently conspicuous i think under discourse president long you may be able to have something less and let me give you a couple of examples because there are in the cases into button says some of the cases like major league baseball d and page through twenty eight of the supplement the button was labeled by the except terms the eighty n c agreement on page three hundred and seventy two has a box that says i've read and agreed to the eighteen z terms of service you have to click before you create a member id so if you had two boxes one that says i hear about you agree to the terms and conditions that are properly lent not here and the facts question for this court is whether and or jet to pass a reasonably prudent internet user as reasonable notice that he or she is going to be bound by agreement even if they do not read the terms and into its into  really you think the consumer knows when he's you're signing into the website for the st time the difference wager about it turbo tax you're on the user if you're using the turbo tax tax product w