Documents & Records
FTX terms of service and clickwrap language
During the Day 17 charge conference, the parties disputed proposed language addressing clickwrap formation and the terms of service. The court questioned whether the record established pre-May 2022 terms, whether clicking formed a contract, and what law governed formation.
FTX terms of service and clickwrap language
MentionedFederal Criminal Trial
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The court retained the terms-of-service and clickwrap discussion in the jury charge with the government's proposed change and ruled that a contractual clause or disclaimer could not make a misrepresentation immaterial as a matter of law.