- Harbor Freight's cookie banner stated that clicking any button, including 'Reject All Cookies,' or continuing to browse constitutes agreement to the Terms of Use, which included an arbitration clause and class action waiver.
- The court found the banner was reasonably conspicuous due to same font size, red bolded hyperlinks, and placement directly to the left of the buttons, distinguishing it from the Chabolla case.
- The court accepted that the banner was displayed to all users after October 2024, including plaintiff Alba, who visited in 2025 and clicked 'Reject All Cookies.'
- Alba's argument that rejecting cookies should not imply acceptance of terms was rejected; the court enforced arbitration, sending the case to arbitration.
- The case illustrates how companies can use cookie banners to bind users to Terms of Service, even for reject actions, but also notes that another plaintiff's claims were stayed because they acted before the arbitration clause was added.