plaintiffs did not assent to the terms of use, and 2. the arbitration requirement is unenforceable.

The Court started by citing the Federal Arbitration Act and pointed out that the right to compel arbitration relied on a valid contract, which that element was highly contested.
Judge Jones cited several cases supporting the procedure of determining whether the parties formed a contract before deciding whether or not to compel arbitration including Chiron Corp. v. Ortho Diagnostics Sys., Inc., 207 F.3d 1126 (2000).
In other words, the right to compel arbitration requires an enforceable contract, and an enforceable contract requires mutual assent.
This brought the nature of Zappos's terms of use into question and whether the user had actually entered a contract with Zappos under the browsewrap agreement.

In a browsewrap agreement, the user mustA complex equilibrium among partially unfolded conformations in monomeric transthyretin.
Aggregation of transthyretin (TTR) is known to be linked to the development of systemic and localized amyloidoses. It also appears that TTR exerts a protective role against aggregation of the Aβ peptide, a process linked to Alzheimer's disease. In vitro, both processes correlate with the ability of TTR to populate a monomeric state, yet a complete description of the possible conformational states populated by monomeric TTR in vitro at physiological pH is missing. Using an array of biophysical methods and kinetic tests, we show that once monomers of transthyretin are released from the tetramer, equilibrium is established between a set of conformational states possessing different degrees of disorder. A molten globular state appears in equilibrium with the fully folded