3 ms·

Isn’t this one of the reasons why privacy agreements/terms of use often don’t hold up in court when tested? Fwiw, I agree it’s scummy and the average person is

Isn’t this one of the reasons why privacy agreements/terms of use often don’t hold up in court when tested? Fwiw, I agree it’s scummy and the average person is likely to rollover because they think they already agreed to ____.

jahewson 3y ago
They absolutely do hold up in court. In recent years multiple US courts have found even browsewrap licenses to be enforceable.
- bryanrasmussen 3y ago
  you probably should not use the word absolutely regarding legal issues on a site that, while strongly biased towards the U.S., actually international. This specific situation is of course in reference to the U.S so the following pertains https://ironcladapp.com/journal/contracts/terms-and-conditions-legally-binding/ https://ironcladapp.com/journal/contracts/terms-and-conditio... and actually I'm not sure if this fulfills the conditions of a contract? >According to contract law, in order for a contract to be valid, there must be an offer, consideration, and acceptance. Being able to prove your customer accepted your terms (and therefore entered a contract with you) will determine whether or not your Terms and Conditions are enforceable. In this case someone is accessing their account, not signing up for an account, not purchasing anything - so not sure if there is actually an offer or consideration the way there would be if a user purchased a pair of shoes.
  - ozfive 3y ago
    Also is a simple one or zero in a database column which is accessible by employees, truly being able to prove your customer accepted your terms?
    - godelski 3y ago
      Yes, there seems to be a few zeros missing from my bank account. Are you sure can truly prove that the money wasn't taken from me? Here's a screenshot of when the value was correct. I don't think that argument is going to hold up very well.

3 ms·

Isn’t this one of the reasons why privacy agreements/terms of use often don’t hold up in court when tested? Fwiw, I agree it’s scummy and the average person is

by anytime5704 3y ago

jahewson 3y ago
They absolutely do hold up in court. In recent years multiple US courts have found even browsewrap licenses to be enforceable.
- bryanrasmussen 3y ago
  you probably should not use the word absolutely regarding legal issues on a site that, while strongly biased towards the U.S., actually international. This specific situation is of course in reference to the U.S so the following pertains https://ironcladapp.com/journal/contracts/terms-and-conditions-legally-binding/ https://ironcladapp.com/journal/contracts/terms-and-conditio... and actually I'm not sure if this fulfills the conditions of a contract? >According to contract law, in order for a contract to be valid, there must be an offer, consideration, and acceptance. Being able to prove your customer accepted your terms (and therefore entered a contract with you) will determine whether or not your Terms and Conditions are enforceable. In this case someone is accessing their account, not signing up for an account, not purchasing anything - so not sure if there is actually an offer or consideration the way there would be if a user purchased a pair of shoes.
  - ozfive 3y ago
    Also is a simple one or zero in a database column which is accessible by employees, truly being able to prove your customer accepted your terms?
    - godelski 3y ago
      Yes, there seems to be a few zeros missing from my bank account. Are you sure can truly prove that the money wasn't taken from me? Here's a screenshot of when the value was correct. I don't think that argument is going to hold up very well.