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Portland, OR
reply to CConverse

Re: Nothing new


You really have NO knowledge of contracts.
I'm no lawyer, but we all have to deal with contracts.

The stuff in the TOS is the company's stated position.

It has zero force of law unless and until it's vetted through the courts. And it's a guaranteed fact that most clauses in these formula contracts would never ever be upheld by any court.

The arbitration clause is just a scare tactic to try to dissuade you from more formal legal remedies where the balance of power shifts to the weaker party.

Your best protection is to agree without ever reading the documents.

Since this is common practice, and the writers of these contracts know this, and take steps to promote keeping the other party in the dark, the odds of them ever being able to enforce any of it are remote.

Having the contract online further advances the consumer's position. Normally, both parties would have the opportunity to edit the contractual documents until a satisfactory 'meeting of the minds' is reached.

With an after the fact 'agreement' presented in a way to make negotiation impractical, I have no doubt that any court would toss it with a quickness.

If I were ever in a dispute, I would simply take the position that the agreement was entered into under duress, there was no meeting of the minds, and that it's null and void.

I would decline any arbitration attempt and proceed with civil action unless the other party were to make me whole.