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Just because someone puts something in a ToS, that doesn't mean it's necessarily lawful to do it or that the term carries legal weight in any other way. Consume
by Silhouette 6y ago
Just because someone puts something in a ToS, that doesn't mean it's necessarily lawful to do it or that the term carries legal weight in any other way. Consumer protection laws are full of rules that say, roughly speaking, "You may not do this, and any attempt to permit it shall be void/illegal". That's why in my country you often see signs in shops, usually underneath whatever guarantee/refund/exchange policy the store voluntarily offers, that say "Your statutory rights are not affected." It's the same sort of argument that results in contracts disclaiming liability for everything under the sun but also including a clause that says they explicitly do not disclaim liability for certain specific outcomes like causing serious injury or death.
- smichel17 6y agoAdditionally, website terms of service are (almost exclusively) adhesion contracts -- you don't have any ability to amend them before you accept, just say yes or no. There's a whole different set of precedents for these type of contract. Notably, unexpected/nonstandard terms are unlikely to be enforceable. IANAL, but this is coming from a business law course I took in undergrad.