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Yes [0]. > Unless the website operator can show that a consumer has actual knowledge of the agreement, an enforceable contract will be found based on an inquir
by shakna 2y ago
Yes [0].
> Unless the website operator can
show that a consumer has actual knowledge of the agreement, an enforceable contract will be
found based on an inquiry notice theory only if: (1) the website provides reasonably conspicuous
notice of the terms to which the consumer will be bound; and (2) the consumer takes some action,
such as clicking a button or checking a box, that unambiguously manifests his or her assent to
those terms.
Its part of why changes of terms generally require you to accept them, before you can continue using a service.
Unambiguous consent, and understanding of consent, are required, as ToS fall under contract law. Which does make most ToS... Unenforceable.
[0] https://www.govinfo.gov/content/pkg/USCOURTS-cand-4_20-cv-07908/pdf/USCOURTS-cand-4_20-cv-07908-1.pdf https://www.govinfo.gov/content/pkg/USCOURTS-cand-4_20-cv-07...
- nitwit005 2y agoThe claim there is that they never saw the terms of service updates, and thus weren't aware of an arbitration clause, rather than terms of service generally not being valid.
- shakna 2y agoThere's more than one claim pointed out - specifically that ToS falls under contract law, which does require you agree to changes.
- beezlewax 2y agoNobody knows what they are consenting to. The law has failed us deeply in this regard.