Browse-Wrap Terms. Ticketmaster Corp operates a Web site that allows customers to buy tickets to concerts, ball games, and other events. On the site's home page are instructions and an index to internal pages (one page per event). Each event page provides basic information (a short description of the event, with the date, time, place, and price) and a description of how to order tickets over the Internet, by telephone, by mail, or in person. The home page containsif a customer scrolls to the bottomterms and conditions that proscribe, among other things, linking to Ticketmaster's internal pages. A customer need not view these terms to go to an event page. Tickets.Com, Inc, operates a Web site that also publicizes special events. Tickets.Com's site includes links to Ticketmaster's internal events pages. These links bypass Ticketmaster's home page. Ticketmaster filed a suit in a federal district court against Tickets.Com, alleging in part breach of contract on the ground that Tickets.Com's linking violated Ticketmaster's terms and conditions. Tickets.Com filed a motion to dismiss. Was Tickets.Com bound by the terms and conditions posted on Ticketmaster's home page? Why or why not? How should the court rule on the motion?
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