In 2025, Harbor Freight added an arbitration clause to the TCU. A few things:The cookie banner excerpt was presented in isolation, not in the context of the entire page. Harbor Freight claimed that taking ANY of the following actions was assent: “clicking ‘Accept All Cookies,’ ‘Reject All Cookies,’ ‘Cookie Settings,’ or continuing to browse our website.” If you’re going to force users to click, go for the gusto and get them to agree to the TOS at the same time like Harbor Freight did. Case Citation: Alba v. Harbor Freight Tools USA, Inc., 2026 WL 2161637 (N.D. Cal.