Uber’s (D) application matches users needing transportation with drivers willing to provide a ride. D presented its terms of use to Good (P) through its app in a manner that prevented P from continuing to use Uber's services on his cellular telephone unless P both “clicked” a checkbox indicating that he had “reviewed and agreed” to the terms and activated a button labeled “Confirm,” further indicating his assent. This blocking interface included a large graphic image (graphic) of a clipboard holding a document; near the bottom of the document was an “X” alongside a graphic of a pencil poised as if to sign a legal instrument. The interface was focused and uncluttered; it clearly alerted P multiple times, in prominent boldfaced text, that the purpose of the blocking screen was to notify P of Uber's terms of use. It encouraged P to review those terms and provided an identifiable hyperlink directly to the full text of the terms of use document. P opened D's app to secure a ride and was presented with a blocking screen, announcing that D had updated its terms of use. P clicked a checkbox next to the text indicating that he had “reviewed and agree[d]” to the terms. + also activated a button at the bottom of the interface labeled “Confirm.” During a second engagement 5 days later, the car collided with another vehicle. In the ensuing impact, P was thrust forward and hit his head on the front passenger's seat headrest, breaking his neck. P instantly was paralyzed and later diagnosed with a severe spinal injury and quadriplegia. P sued D and D moved for mandatory arbitration according to its terms of use. The court agreed with P and D appealed.

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