"That doesn't mean every other term of a browse-wrap TOS would necessarily fail in court." Not to mention the fact that what happened in this court on this iss

"That doesn't mean every other term of a browse-wrap TOS would necessarily fail in court." Not to mention the fact that what happened in this court on this issue would not necessarily happen in every court viewing the same facts. Or whether in some cases a company makes a conscious decision to do what they know might fail in order not to add friction to the process. Clean up the mess afterwords, get the extra business now. "Polute the river and if we get get caught and fined, pay the fine!" Separately, what I would like that I haven't seen in this thread are some thoughts on how a company like Zappos could have made this type of a mistake if it is so obvious.