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> TOS are not contracts for sure Please be careful when you make legal claims, especially when they probably arent true. IANAL but AFAIK most TOS fall under wh
by chacham15 7y ago
> TOS are not contracts for sure
Please be careful when you make legal claims, especially when they probably arent true. IANAL but AFAIK most TOS fall under whats called a shrink wrap contract: https://en.wikipedia.org/wiki/Shrink_wrap_contract https://en.wikipedia.org/wiki/Shrink_wrap_contract
- distances 7y agoYeah IANAL obviously. I'm from Europe and basically treat them as non-binding suggestions. In my layman's understanding they aren't valid as nobody reads or signs them, but be aware that your local court may decide otherwise if push comes to shove.
- 2OEH8eoCRo0 7y ago>The legal status of shrink wrap contracts in the US is somewhat unclear.
- phkahler 7y agoThe EULA is the only thing that claims clicking the "I Agree" button means anything other than "press here to install". If you reject the terms of the EULA and press the poorly labeled install button you haven't agreed to anything have you? What if the software company doesnt exist any more? Who is the other party to the so-called agreement?
- bawolff 7y agoIANAL but the article you link to claims that it is unclear in the usa if shrink wrap contracts are enforceable/real contracts.
- phkahler 7y agoIANAL but I thought contracts needed acknowledgement from both parties. Mr software vendor, can you tell me weather or not your company has entered into a "shrink wrap" contract with my client? Or me? Or the honorable judge?
- greendestiny_re 7y agoPlease be careful when citing Wikipedia, it's notoriously shoddily written and is at best usable for finding primary sources. Wikipedia rated that article as "Start Class", which means it's far from complete or informative.
- tripzilch 7y ago"Shrink wrap contracts" haven't been a thing in the EU for many years. They're definitely not considered contracts, that's for sure.