4 ms·
The absolute limits of terms of service aren't clear, but there have been tons of cases about website/software terms of service. A quick search of Westlaw finds
by mminer237 3y ago
The absolute limits of terms of service aren't clear, but there have been tons of cases about website/software terms of service. A quick search of Westlaw finds hundreds of reported cases in my state alone. There are certain things like binding arbitration that courts have found unconscionable to be in a clickwrap agreement[0], but generally terms of service have been found fully enforceable. There's definitely been a lot of court testing.[1]
[0]: https://www.faegredrinker.com/en/insights/publications/2022/4/florida-supreme-court-upholds-airbnb-clickwrap-arbitration-clause https://www.faegredrinker.com/en/insights/publications/2022/...
[1]: https://www.goodwinlaw.com/en/insights/publications/2022/08/08_10-recent-court-decisions-shed-light https://www.goodwinlaw.com/en/insights/publications/2022/08/...
- justinpombrio 3y agoI was repeating bad information then. Thank you for the correction!