3 ms·
These (and other TOS agreements) fall under the category of "adhesion contracts". Because the buyer has no real ability to negotiate, any ambiguity is resolved
by bjt 25d ago
These (and other TOS agreements) fall under the category of "adhesion contracts".
Because the buyer has no real ability to negotiate, any ambiguity is resolved in their favor. A judge can also strike provisions that a reasonable buyer would not expect, or that are unconscionable. So it's up to the judge's judgment.
https://www.investopedia.com/terms/a/adhesion-contract.asp https://www.investopedia.com/terms/a/adhesion-contract.asp
- msdz 25d ago[dead]
- claaams 25d agoThe cool thing is that they make you go into forced arbitration rather than through the legal system.
- keane 24d ago^claim to — this type of legalese (shrink wrap, clickwrap, liability waivers, etc.) is a bluff (when in doubt: sue)
- vineyardmike 24d agoThe cooler thing is that if a substantial amount of the 216M TV owners tried to arbitrate across the country/world, they'd cave so fast. Arbitration is cheaper than an individual law suit, but much much more expensive than a class-action.