It is the D'Ambolas' heavy burden to establish that the forum selection clause is unenforceable. See Id. (citing Mucciariello v. Viator, Inc., 2019 U.S. Dist. LEXIS 166696, at *5 (D.N.J. 27, 2019)) (citation omitted). The forum selection will be deemed unenforceable only if the D'Ambolas can establish: “(1) that it is the result of fraud or overreaching; (2) that enforcement would violate strong public policy of the forum; or (3) that enforcement would in the particular circumstances of the case result in jurisdiction so seriously inconvenient as to be unreasonable.” MoneyGram Payment Sys. v. Consorcio Oriental, S.A., 65 Fed.Appx. 844, 846 (3d Cir. 2003) (citations omitted).

Instead, “[a]t bottom, regardless of [terminology], the pertinent inquiry is whether the user was provided with reasonable notice of the applicable terms, based on the design and layout of the website.” Mucciariello v. Viator, Inc., No. 18 Civ. 14444, 2019 WL 4727896, at *3 (D.N.J. Sept. 27, 2019) (finding that “hyperlinked terms . . . amount to an enforceable agreement when ‘reasonable notice' is provided and a button is designated to manifest assent, near a statement informing the user that, by clicking, he or she is agreeing to be bound by the hyperlinked terms.”) Here, Plaintiff created numerous accounts and even purchased a subscription indicating her sufficient opportunity to consult and assent to the TOU before continuing to use the platform. See D'Ambola v. Daily Harvest, Inc., No. 22-6316, 2023 WL 3720888, at *4 (D.N.J. May 30, 2023.)

Id. (quoting Mucciariello v. Viator, Inc., No. 18-14444, 2019 WL 4727896, at *3 (D.N.J. Sept. 27, 2019)).

Id. (quoting Mucciariello v. Viator, Inc., No. 18-14444, 2019 WL 4727896, at *3 (D.N.J. Sept. 27, 2019)).

Certifications submitted in support of, or in opposition to, motions to dismiss have consistently been disregarded by courts within this District. See, e.g., Mucciariello v. Viator, Inc., No. 18-14444, 2019 WL 4727896, at *5 (D.N.J. Sept. 27, 2019) (“Plaintiff cannot submit her own certification on a motion to dismiss.”)

Courts routinely uphold clickwrap agreements for the principal reason that the user has affirmatively assented to the terms of the agreement by clicking “I agree.” Lloyd v. Retail Equation, Inc., No. CV 21-17057, 2022 WL 18024204, at *5 (D.N.J. Dec. 29, 2022) (citing Fteja v. Facebook, Inc., 841 F.Supp.2d 829, 837 (S.D.N.Y. 2012) (collecting cases)); see also Mucciariello v. Viator, Inc., Civ. A. No. 18-14444, 2019 WL 4727896, at *3 (D.N.J. Sept. 27, 2019); Liberty Syndicates at Lloyd's v. Walnut Advisory Corp., Civ. A. No. 09-1343, 2011 WL 5825777, at *4 (D.N.J. Nov. 16, 2011). Additionally, Independent Stylists were notified of Color Street's amendments to the ISA and Policies and Procedures via Color Street's App and Virtual Office internal website, (Mills Aff. ¶ 16); on Color Street's Team Brilliance Facebook Page, a private page for Color Street leaders which included Rodgers (id. ¶ 18); and during Color Street's periodic calls with its Independent Stylists and Leaders, specifically in an "All Stylist" call that took place on or about October 1, 2019 to discuss the 2019 version of the Agreement and Policies and Procedures (id. ¶ 19; see also id., Exs. 12, 13).

(quoting Coastal Steel Corp. v. Tilghman Wheelabrator Ltd., 709 F.2d 190, 202 (3d Cir. 1983)). “[I]n attempting to make the requisite showing, the opposing party bears ‘a heavy burden of proof.'” Id. (quoting Mucciariello v. Viator, Inc., No. 18-14444, 2019 WL 4727896, at *3 (D.N.J. Sept. 27, 2019)).

(quoting Coastal Steel Corp. v. Tilghman Wheelabrator Ltd., 709 F.2d 190, 202 (3d Cir. 1983)). “[I]n attempting to make the requisite showing, the opposing party bears ‘a heavy burden of proof.'” Id. (quoting Mucciariello v. Viator, Inc., No. 18-14444, 2019 WL 4727896, at *3 (D.N.J. Sept. 27, 2019)).

. Lloyd and TJX both agree that under New Jersey, Massachusetts, and Delaware law, online agreements are enforceable if there exists: (1) reasonable notice of the terms; and (2) manifestation of assent to those terms. See, e.g., Mucciariello v. Viator, Inc., No. 18-cv-14444, 2019 WL 4727896, at *7 (D.N.J. Sept. 27, 2019) (finding online agreement binding under New Jersey law where there was reasonable notice and manifestation of assent); Holdbrook Pediatric Dental, LLC v. Pro Computer Serv., LLC, No. 14-cv-6115, 2015 WL 4476017, at *4 (D.N.J. July 21, 2015) (finding that for party to be bound by online agreement under New Jersey law it

Principles of contract law apply with equal force to online agreements. Mucciariello v. Viator, Inc., No. 18-cv-14444, 2019 WL 4727896, at *3 (D.N.J. Sept. 27, 2019). The Court notes that Defendant's TOS state that California law applies “except as otherwise provided in the Arbitration Agreement.” Arb. Agr. Section 10.