Isn’t this one of the reasons why privacy agreements/terms of use often don’t hold up in court when tested?
Fwiw, I agree it’s scummy and the average person is likely to rollover because they think they already agreed to ____.
Fwiw, I agree it’s scummy and the average person is likely to rollover because they think they already agreed to ____.
This specific situation is of course in reference to the U.S so the following pertains https://ironcladapp.com/journal/contracts/terms-and-conditio... and actually I'm not sure if this fulfills the conditions of a contract?
>According to contract law, in order for a contract to be valid, there must be an offer, consideration, and acceptance. Being able to prove your customer accepted your terms (and therefore entered a contract with you) will determine whether or not your Terms and Conditions are enforceable.
In this case someone is accessing their account, not signing up for an account, not purchasing anything - so not sure if there is actually an offer or consideration the way there would be if a user purchased a pair of shoes.
I don't think that argument is going to hold up very well.