Placing some text in tiny print does not absolve you of fraud. It may actually be evidence of fraud.
You agree to the terms and conditions upon account creation, even if you don't read them.
A person's ignorance and naivety is not evidence of fraud.
Nor did the T&C say or imply that any percent of the account will be genuine, or that there would be plenty of male and female accounts.
The customers paid for the ability to read messages sent to them by anyone (employee, bot or real person), nothing more.
Assuming something when you've been explicitly told otherwise but chose to ignore it does not equate to fraud.
A person's naivety and ignorance don't equate to being defrauded.
Their landing page says:
>Ashley Madison is the most famous name in infidelity and married dating.
Their Google ads say:
>Have an affair -- Guaranteed
Only conclusion to draw here is that you are a bot.
5. Other Aspects of the Ashley Madison Service – For Your Entertainment
Our Site and our Service gives users the opportunity to explore their fantasies
and to interact with others in the Site. However, there is no guarantee you will
find a date or partner on our Site or using our Service. Our Site and our Service
also is geared to provide you with amusement and entertainment. You agree that some
of the features of our Site and our Service are intended to provide entertainment.
Others Using the Site for Entertainment
You also understand and agree that there are users and members on the Site that
use and subscribe to our Service for purely entertainment purposes. Those users and
subscribers are not seeking physical meetings with anyone they meet on the Service,
but consider their communications with users and members to be for their amusement.
You acknowledge and agree that any profiles of users and members, as well as,
communications from such persons may not be true, accurate or authentic and may be
exaggerated or fantasy. You acknowledge and understand that you may be communicating
with such persons and that we are not responsible for such communications.
Seems pretty clear to me - absolutely no claim you will actually find someone to "hook-up" with. Absolutely states there are accounts being used that have no interest in you other than for entertainment purposes (ie. keeping you engaged).
No fraud here, only bruised egos.
Marketing says guaranteed. Tiny print says "oh, heh, no guarantees". It has all of the elements of fraud.
Additionally, no where in what you posted does it say that their employees or bots will be interacting with you as if they were a user, member, or subscriber.
You acknowledge and understand that you
may be communicating with such persons
and that we are not responsible for such
communications.