Wayfair's terms are different; they govern the broader business relationship.) In this case the judge should've done the 'common sense' thing and allowed the ca

Wayfair's terms are different; they govern the broader business relationship.) In this case the judge should've done the 'common sense' thing and allowed the case to proceed despite the ToS--but that would've actually gone against the agreed terms, unlike what we are talking about with McDonald's app. It's a troubling case and I understand why you are afraid of judges accepting spurious arguments from corporate defense, and I understand how many people don't appreciate how the difference in wording affects them and so can be intimidated.