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We started off the thread with "these TOS are dubious, they can be ruled unconscionable..." They aren't dubious, they aren't ruled unconscionable. If you sign
by jellicle 7y ago
We started off the thread with "these TOS are dubious, they can be ruled unconscionable..."
They aren't dubious, they aren't ruled unconscionable. If you sign up for some service and agree to the terms of service that include arbitration, you're going to arbitration and nothing else. Yes, your click on "I agree to the TOS" is binding on you, no, no one cares that you were closing your eyes or crossing your fingers or whatever. Your use of the service shows your agreement.
- lisper 7y ago> Your use of the service shows your agreement. No, that is not necessarily true. If I put in my ToS that by using my site you agree to (say) my installing malware on your machine that will allow me to go into your bank account and take as much money as I want, that will (almost certainly) not be enforceable.
- omginternets 7y agoYou're correct IFF the TOS constitute a valid contract. Contracts can be invalid for a number of reasons, including "one party wasn't made aware they were entering a contract". >Yes, your click on "I agree to the TOS" is binding on you There is no such button in this particular case. >no, no one cares that you were closing your eyes or crossing your fingers or whatever. This is a straw man. Nobody is claiming this. >Your use of the service shows your agreement. That very much depends.