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"As you can see from the screenshot snippet above, Zappos' terms of use says "We reserve the right to change...these terms and conditions at any time." Zappos
by bravura 14y ago
"As you can see from the screenshot snippet above, Zappos' terms of use says "We reserve the right to change...these terms and conditions at any time." Zappos isn't the only website using language like this; it's ubiquitous on the Internet. Unfortunately, despite its widespread usage, this language is toxic to a contract."
Isn't toxic to strong a word here? That particular clause it unenforceable, but the rest of the contract is unaffected, because of (I presume) a severability clause? The article seems to indicate that this clause taints other aspects of the contract.
- starnixgod 14y agoToxic is not too strong of a word here. The use of a unilateral change-of-terms clause, without notification or assent, in their contract with the users of their website invokes an illusionary promise of a contract which vitiates the entirety of the contract at its very roots, including the severability clause.