323 N.J. Super. The service responded by alleging lack of jurisdiction and improper venue by reason of the forum selection clause which it contended bound its subscribers and was in every one of its agreement s. The clause made the agreement subject to the laws of the State of Washington and provided that the subscriber consented to the exclusive jurisdiction and venue of the courts in King County, Washington. Before becoming a subscriber, a prospect is prompted by the on-line service provider's software to view multiple computer screens of information, including an agreement which contains the forum selection and venue clause.
Prospective subscribers have the option to click either choice at any point.
Registration proceeds only after the potential subscriber has had the opportunity to view and has assented to the agreement, including the forum selection clause. The Court pointed out that forum selection clauses are prima facie valid and enforceable in New Jersey. The burden falls on the party objecting to the enforcement to show that the clause in question fits within one of those exceptions. The Court found that the subscribers failed to meet that burden. They showed no evidence of fraud and the Court believed that the clause was reasonable, clear, and contained no material misrepresentation.