4 ms·

I fairly certain you can't just disclaim things like that. It's similar to adding illegal clauses to a contract - just because you signed it, it doesn't sudden

I fairly certain you can't just disclaim things like that. It's similar to adding illegal clauses to a contract - just because you signed it, it doesn't suddenly change the law.

dangrossman 14y ago
You can disclaim implied warranties. Virtually every EULA and website TOS document does so (OT: it bugs me a bit that you're "fairly certain" about this, while you've undoubtedly agreed to that disclaimer dozens of times a year all your life). The UCC itself sets out the rules for disclaiming the implied warranties. It has to be done in a clear and conspicuous manner to be effective, which is why that's the part that's always in full CAPS in the contract, making it particularly easy to spot. For example, Google's TOS: > SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. http://www.google.com/intl/en/policies/terms/ http://www.google.com/intl/en/policies/terms/ Or Twitter's: > THE TWITTER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. https://twitter.com/tos https://twitter.com/tos Or the iTunes store: > APPLE, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, ITUNES CARDS, CONTENT CODES, ALLOWANCES, OR THE ITUNES STORE, APP STORE, MAC APP STORE, OR IBOOKSTORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE http://www.apple.com/legal/itunes/us/terms.html#SALE http://www.apple.com/legal/itunes/us/terms.html#SALE
- polymatter 14y ago
  A company can stick whatever it likes in its EULA (or any contract), but that doesn't make it legally enforceable. Company lawyers are paid lots of money to be extremely defensive. It costs them nothing to disclaim all warranties, the only purpose of which seems to be to dissuade some people from taking them to court because of this. I am more familiar with UK law, but I am certain that under US law if there is a constradiction between what is stated in an otherwise valid contract and US law, then US law takes precedence and the legal contract is modified to comply with US law. It must be that way otherwise you could sign people into slavery by just saying "look its here in the contract". Or "no I am legally allowed to beat my wife, see she signed this contract saying I could".
- gertef 14y ago
  1. TO THE EXTENT PERMITTED BY LAW 2. Everything you listed there is a FREE as in beer product. Note that "iOS" is not on the list of non-warranted products.

I fairly certain you can't just disclaim things like that. It's similar to adding illegal clauses to a contract - just because you signed it, it doesn't suddenly change the law.

dangrossman 14y ago

You can disclaim implied warranties. Virtually every EULA and website TOS document does so (OT: it bugs me a bit that you're "fairly certain" about this, while you've undoubtedly agreed to that disclaimer dozens of times a year all your life). The UCC itself sets out the rules for disclaiming the implied warranties. It has to be done in a clear and conspicuous manner to be effective, which is why that's the part that's always in full CAPS in the contract, making it particularly easy to spot. For example, Google's TOS: > SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. http://www.google.com/intl/en/policies/terms/ http://www.google.com/intl/en/policies/terms/ Or Twitter's: > THE TWITTER ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. https://twitter.com/tos https://twitter.com/tos Or the iTunes store: > APPLE, ISSUER, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, ITUNES CARDS, CONTENT CODES, ALLOWANCES, OR THE ITUNES STORE, APP STORE, MAC APP STORE, OR IBOOKSTORE, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE http://www.apple.com/legal/itunes/us/terms.html#SALE http://www.apple.com/legal/itunes/us/terms.html#SALE

polymatter 14y ago
A company can stick whatever it likes in its EULA (or any contract), but that doesn't make it legally enforceable. Company lawyers are paid lots of money to be extremely defensive. It costs them nothing to disclaim all warranties, the only purpose of which seems to be to dissuade some people from taking them to court because of this. I am more familiar with UK law, but I am certain that under US law if there is a constradiction between what is stated in an otherwise valid contract and US law, then US law takes precedence and the legal contract is modified to comply with US law. It must be that way otherwise you could sign people into slavery by just saying "look its here in the contract". Or "no I am legally allowed to beat my wife, see she signed this contract saying I could".
gertef 14y ago
1. TO THE EXTENT PERMITTED BY LAW 2. Everything you listed there is a FREE as in beer product. Note that "iOS" is not on the list of non-warranted products.