2011-09-10, 10:12 AM
Muppy Wrote:Just because someone agreed to it, it doesn't make the ToS legit. It's not like everyone reads all those pages of boring law and big words anyway.
If the ToS is abusive, I belive it's on grounds of being illegal, but I'm no expert on this subject so... yeah.
Rick Wrote:I know in my country, even if someone agrees to something, if it's not legal to ask them to agree to it it won't stand. It's probably the same in the US.
#1 rule of contract law - To be binding a contract must be legal. (If you look carefully most contracts actually have an explicit clause stating that any unenforceable portions do not nullify the entire contract, only the unenforceable bits to prevent the important pieces from being negated by weasel clauses.)
You can put literally anything in a contract, but any portion of it that is not enforceable is just scare tactics. It's not illegal to put in unenforceable clauses, just unethical.
Liability waivers in particular are a joke put up to discourage people from trying. A prime example being "Not responsible for damage incurred in our parking lot" and "you break it, you buy it". Both are covered by the insurance of the business but rather than deal with the claims they just insist that it's your own fault unless you get litigious with them.
It's not having what you want - It's wanting what you've got.