recurring charges from a company you never heard of opponent investigation it was discovered that back company was web wild and that web loyalty had been the subject of a wide ranging investigation along with only two other companies for by those united states senate commerce committee in the context of that investigation certain information internal documents of web while tea and data was disclosed and b the pieces of data and documents that were disclosed show that ninety percent of web wealthy's members have no idea that they are members of any  because it's our position that there never was a contract here and actually i think that it's well supported by the record there's no and there's no there's no evidence that the plaintiff intended to contract anything while there's a but that says continue on game stop dot coms website and the word continue means to keep doing the same thing you're doing in the same option provided to decline there's nearly a continued book for boys and i think it's fair that when someone logs song to games dot com to buy a video and is presented with an opportunity to claim his game stop by clicking a bookie that says continue that that consumers expectation is he's continuing with game stop now when you get to be in with game stops logo and then being asked merely to provide his email address and last four digits of your stuff a card number not items that people first of all when you click a button to go to another company's website to go from game stop the come to web welty dot some indication must be provided have shoppers discounts and the upper left hand corner but it also has games in the upper right and it well the name shopper discounts again we submitted expert testimony to say that that's unlikely to alert someone that this is a company your first of all it's not a recognized brand second of all the words are carefully chosen the name to sound like you're being rewarded just as it says on the continue button designated word this point that when he joined and it shows web loyalties expectation as to this relationship and script were teeth in only has two questions it doesn't say how do i get my benefits how do i get my gauge stuck to point you know one or my benefits of membership the only two questions web wealthy anticipates are centrally who are you and how did you get longer do that without having in which nobody from where was he was allowed to testify and provide contrary and that is an evidence that is for the most part dated him before this and turned on this is the most important thing is just your monthly fee obviously knows that and some says that it will give you the game stop coupon in two days and it didn't do ok and all of the discussion about things web loyalty actually provides is surely argument of counsel it's not in the record in fact what the record reflects is a zero point two percent product usage rate in the in the handful of documents that were disclosed web loyalty refused to produce other information and i think it's fair to say and consistent with precedent that its refusal shouldn't be taken and should be taken as other adversely that that it didn't produce that information yet chose to just rely on arguments of counsel because the information that would have been produced would not have supported and in fact the another incorrect statement was that the experts whose opinions are cited in and appended to the complaint didn't consider the web page and in fact it and it the expert as we make clear in our papers here it says something three times and there it says it for work but those aren't meaningful distinctions and also the process was the same this whole issue about interstitial pages plays no