RadioDoc58ef2c0Premium,ExMod 2000-03
join:2000-05-11 | So much for that lawsuit idea... 7. TERMINATION
7.1 You agree that EMusic, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if EMusic believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. EMusic may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that EMusic may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that EMusic shall not be liable to you or any third-party for any termination of your access to the Service.
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"Nothing fuels a good flirtation like need and anger and desperation"-Aimee Mann |
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 morboComplete Your Transaction
join:2002-01-22
00000 | said by RadioDoc:
7. TERMINATION
7.1 You agree that EMusic, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if EMusic believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. EMusic may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that EMusic may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that EMusic shall not be liable to you or any third-party for any termination of your access to the Service.
that clause won't fly in court. "unlimited" = unlimited.
they might as well have a 7.15 clause:
7.15 DEATH SENTENCE
If EMusic decides that you deserve death, then you will die by hanging, gas chamber, or lethal injection. The choice is the sole descretion of Emusic.
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(Bart) Dad, knocking over gravestones is bad luck!(Homer)Really? I heard good. |
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| reply to RadioDoc
Perhaps the FTC would be interested in eMusic? After all, they love making examples of businesses that employ false advertising! |
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 gnucleus7Number 3 Forever
join:2002-06-06
NASCAR | reply to RadioDoc
Basic business law 101 states " Contracts that are knowingly written in such a manner that clearly prejudices ones position, placing the other at an egresious disadvantage or other wise clearly disavantageous are Illegal". Call your lawyer.
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I don't care who wins as long as it's not somebody, whose name isn't Earnhardt! |
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| Hmm no that's incorrect because you are missing a portion to it. This is what you would call "duress" but it could not be applied in this situation. Were you forced into accepting their terms? Did someone have a gun to your head and say "I'm going to kill you if you don't press I ACCEPT"? No. Unfortunatly, you did agree to those terms and rule 101 does not apply. Sorry.
Mike |
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| But, there is something you could argue... You could argue, but your recovery would be limited to what you paid for the service, that the contract was illusory. Look at the following line:
"EMusic may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice."
That statement is illusory and the courts will agree provided they did not give you REASONABLE NOTICE of the cancellation. Does email constitute reasonable notice? I doubt it. Some courts may find that but I believe reasonable notice would be mailing a letter to your house within a reasonable amount of time after the cancellation informing you of it. But in the end, the only recovery you could recieve would be a refund of whatever you spent on the service. So it would be a waste to take them to court anyway.
Mike |
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| By the way, to GUN: No contract is illegal. There are only three types. Void, Voidable, and Unenforceable, but no contract is ever illegal.
Mike |
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