In what sense are you asking if you "Can" do it. The FTC is fairly broadly empowered to stop deceptive practices, and most of the standards there are about wha

In what sense are you asking if you "Can" do it. The FTC is fairly broadly empowered to stop deceptive practices, and most of the standards there are about what reasonable users would expect. So you may be able to work around a contract implicit or explicit, but in practice it's unlikely you would get away with it. Plus if you said this to a judge they'd laugh at you. They are not (and should not be) judging automatons.