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'Hold the Arbitration Clause, Hold the Attorney Fees!'

By Stanley P. Jaskiewicz
May 28, 2009

Hold the pickles, hold the lettuce,
Special orders don't upset us.
All we ask is that you let us serve it your way!
Have it your way! Have it your way!
Have it your way at Burger King!
' Burger King 1970s advertising jingle

In recent months, I have described how e-commerce firms impose non-negotiable terms and conditions on their customers, sometimes with questionable logic (see the sidebar below). But what if they let their customers “have it their way” by offering a choice on the terms and conditions?

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