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This is straight-up nonsense. You can't just put any clause you want into a contract and expect it to be enforceable. This is also a major concern for startups.
by mncolinlee 9y ago
This is straight-up nonsense. You can't just put any clause you want into a contract and expect it to be enforceable. This is also a major concern for startups. You need to always make it possible for clients to opt-out and to understand your terms. The less you tell the customers what they're committing to-- the less likely any judge will care what legal terms you choose.
Don't assume a contract actually means what it says when it comes to enforcement. Seek legal advice.
- at-fates-hands 9y ago>> The less you tell the customers what they're committing to-- the less likely any judge will care what legal terms you choose. I've seen in a more than one case where the Judge blamed the plaintiff that the onus is on them to read the TOS BEFORE agreeing to anything. In the end, it just depends on what kind of a judge you get. https://www.eff.org/wp/clicks-bind-ways-users-agree-online-terms-service https://www.eff.org/wp/clicks-bind-ways-users-agree-online-t... However, courts generally do not require that you actually have read the terms, but just that you had reasonable notice and an opportunity to read them. In other words, it’s not merely clicking the “I Agree” button that creates the legal contract. The issue turns on reasonable notice and opportunity to review—whether the placement of the terms and click-button afforded the user a reasonable opportunity to find and read the terms without much effort.
- JKCalhoun 9y agoYeah, I see a class action lawsuit coming for their contract that disallows you from joining a class action lawsuit.