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Oh I can totally agree with you on a lot of those points - the balance of power has shifted to the point of even taking away legal recourse, a la "BINDING ARBIT
by 6stringmerc 11y ago
Oh I can totally agree with you on a lot of those points - the balance of power has shifted to the point of even taking away legal recourse, a la "BINDING ARBITRATION" which I'm skeptical of, re: conflict of interest.
I've honestly kicked around a legal-ese type write-up of 'Personal Terms of Service' type disclaimers - subject to change at any time - essentially stating that by taking payment for a service there is a negotiating platform to reconcile conflicting claims. As in, I claim that I should never be subject to an early termination fee if I'm personally unstatisfied with the service, and the service provider says they alone are allowed to waive the fee. Well then, that's a conflict of terms, and by taking my money for a service, they implied they would allow my ToS to usurp theirs (e.g. it's written in my ToS that accepting money creates a binding agreement for such a thing), etc, etc.
I thought it was an exercise in basically being selfish, but the more times examples like this surface, the more it actually starts to sound reasonable. That's...pretty wild to me. I mean, I have a lot of respect for contracts and see them as the ties that hold a lot of commerce together, so they've got real, practical use that should be encouraged. But when it comes to "wiggle room" that sounds a bit like gamesmanship to tilt the power, then I also think fighting back is a natural result, childish as it might seem at first.