are multiple reasons why the hyperlinked “Terms of Membership” page is inadequate to overcome the net impression that OnlineSupplier was a free auction kit. First, the hyperlink is buried at the bottom and is not placed in close proximity to the “Ship My Kit!” button, making it unlikely that consumers would notice or click on the link. There is also no indication that the “Terms of Membership” are specifically in regard to a negative option plan. Second, when the viewer clicks on the hyperlink, the actual terms of membership appear on a separate pop-up page rather than being directly inserted on the landing page. Such separation suggests that the disclosure is inadequate because it appears in a different context than the claims they purport to repudiate. See Gill, 71 F.Supp.2d at 1044 (<HOLDING>). Third, the information about the continuity
holding that a disclaimer in contract consumers eventually signed was inadequate to overcome deceptive representations in defendants advertisements holding that a standard form disclaimer for negligence of thirdparty tour operators which appeared on plaintiffs cruise ticket was valid as a disclaimer holding inconspicuous written disclaimer to be unenforceable absent actual knowledge of the disclaimer holding that representations in a product bulletin created an express warranty inconsistent with disclaimer contained therein which was thereby inoperable holding similar language to be a valid disclaimer