The key is that it has to be resistant to subversion by hostile terms of use. Similar to how certain provisions in employment contracts aren't enforceable under

The key is that it has to be resistant to subversion by hostile terms of use. Similar to how certain provisions in employment contracts aren't enforceable under employment law. Because literally anything you try and establish here will instantly end up as a waiver in terms of use for services that regular people can't possibly understand or reasonably opt out of. (as example, see recent law suit that Tesla won because the driver used auto-pilot on "city streets" where it was advised not to somewhere deep in the terms of use).