Plaintiff sued Road Runner after finding it had charged him an annual fee for its loyalty program for three years after the initial free period. Road Runner moved to compel arbitration under a clause it added to its website during the last year before plaintiff sued. This decision holds that plaintiff did not agree to clause. It was not presented to him when he originally signed up for the program, nor in reminder notices sent him before he was charged annual fees in later years. The arbitration clause was not prominently disclosed on Road Runner’s website. The fact that plaintiff’s attorney knew about the arbitration clause did not give rise to any implied agreement by plaintiff to arbitrate. The attorney’s knowledge could be imputed to plaintiff only when the attorney-client relationship was formed shortly before suit, and could not retroactively create an agreement to arbitrate the dispute. Nor, contrary to Road Runner’s argument, did plaintiff need to cancel his membership immediately on learning of the arbitration clause in order to avoid its terms. Road Runner’s terms and conditions did not so provide, and in any event plaintiff sued to rescind his membership, which sufficed to show he didn’t agree to the arbitration term.