of myself and my party. Scrugham Affidavit, Exhibit A. The primary distinction between the “Responsibility” disclaimer and the Carnival Cruise Lines clause is that the “Responsibility” disclaimer appears on a booking form, and not on an actual ticket. The passenger has the chance to deny the terms of the “Responsibility” disclaimer before payment for the trip and can refuse to sign the booking form and withhold or reject payment. The passenger in Carnival Cruise Lines could not see the disclaimer until after the ticket was purchased. Carnival Cruise Lines, 499 U.S. at 587, 111 S.Ct. at 1524. Neverthel lity is valid if the buyer had actual or constructive notice of the disclaimer before the bargain was completed. Miller v. Germain Seed & Plant Co., 193 Cal. 62, 69, 222 P. 817 (1924) (<HOLDING>). In the present case, Ramage argues GET
holding custom of disclaimer in seed industry was enough to conclude buyer was aware of disclaimer holding that a seller could enforce an arbitration provision against a buyer even though only the buyer had signed the provision holding that seller carried insurance for benefit of buyer and held proceeds in trust for buyer when seller agreed to maintain insurance until possession date but bam burned before buyer took possession holding that the district court did not err in finding the record sufficient to conclude prior conviction qualified as a violent felony for purposes of the acca as the evidence was sufficient to conclude the criminal action charged in one court was the basis for a judgment against the defendant in a different court holding an arbitration clause contained in confirmations sent to buyer by seller was part of parties course of dealing and therefore part of the contract after buyer had repeated opportunities to object to the clause and had failed to do so