I think any internet user savvy enough to hire a referral company via the web understands that there are terms and conditions. In this case every page she viewed on the site had a link to the terms, and the final click even stated she agreed to the terms and conditions. As the original article stated, this decision is based on the reality of people's use of the internet. The true measure of enforcability in these situations should be the reasonable availability of the terms to the user. What is the difference between posting the terms on a page with an 'accept' button and saying 'accepting is agreeing to the terms linked HERE'?
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