a. Holding: The forum selection clause was enforceable because plaintiffs were aware of it at the time they entered into their agreement and they were free to reject the contract.
i. To conclude that plaintiffs are not bound by [the forum selection] that clause would be equivalent to holding that they were bound by no other clause [of the subscriber agreement] either, since all provisions were identically presented.
ii. Under NJ law, forum selection clauses are enforceable unless “(1) the clause is a result of fraud or ‘overweening’ bargaining power; (2) enforcement would violate the strong public policy of NJ; or (3) enforcement would seriously inconvenience trial.” The court found that the clause at issue was not the result of “overweening bargaining power” because the plaintiffs could obtain the services offered by defendants from third parties, and therefore had the ability to reject the subscriber agreement if they did not like its terms.