5 ms·
> You buy whatever it says in the terms that you are buying. It's your decision to agree with that or not. Or indeed to bother informing yourself about that. C
by amiga386 3y ago
> You buy whatever it says in the terms that you are buying. It's your decision to agree with that or not. Or indeed to bother informing yourself about that.
Caveat emptor and all that, but that's not quite true. Consumer rights laws (depending on what country you live in) tend to have more power than contracts of adhesion, and courts look down on these one-sided contracts with disdain.
Whether you read the terms and conditions or not, if those terms are utter bullshit, it's unlikely they're enforcable. "This shoddy software deleted all my files! Oh, it says here they can delete all the files on my computer if I stop paying them, it's in the contract so I guess I have no comeback" - no, that's bullshit, that kind of term is unconscionable in clickwrap, go sue them.
https://en.wikipedia.org/wiki/Unconscionability https://en.wikipedia.org/wiki/Unconscionability
> Examples of gross one-sidedness would be provisions that limit damages against the seller, or limit the rights of the purchaser to seek relief in the courts against the seller. In the 2009 case of Harris v. Blockbuster, Inc., the plaintiff argued that Blockbuster's provision to compel arbitration and forbid class action lawsuits was illusory and unconscionable. However, whether that contract was unconscionable is unknown, as the court ruled that it was illusory and therefore not enforceable, and disregarded all further consideration.