- cross-posted to:
- [email protected]
- cross-posted to:
- [email protected]
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Well, that’s not how terms of service work. You can still sue
Previous rulings such as Rubber v Glue and Face v Hand make this look like a really strong strategy
IANAL, but I think they should be in a far weaker position with their whole “if you don’t object within 30 days we will consider you to have accepted”. They can’t really argue that no positive action from the other party is construed as acceptance of a new contract. If there was continued use of the service that would be different, but no action cannot reasonably be construed as acceptance.
I think you’re going to be very surprised by how quickly they win any trial when they first impress upon the court, “I know you are, but what am I?” Of course, the judge will primarily be swayed by the moment when they call a customer to the witness stand and then mutter, “guiltypersonsayswhat”
You’d be forgiven for thinking that no judge would rule in favor of a company who, post-damages, tries to build a loophole that ties the hands of users who likely will no longer trust the platform enough to log on. But this is the legal version of a bully giving a triple-w (wet willy and a wedgie) to someone who’s ignoring them and judges think that kind of behavior is super cool. That’s why if you ever ask a judge “what’s that on your robe?” as then flick their nose when they look down, they’ll simply laugh and you’ll be friends forever.
IANAL, but everything I said feels really accurate. ᕕ( ᐛ )ᕗ
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Which is to say, entirely unenforceable. TOS don’t hold up in court, but it requires time and money to get to court.
That’s exactly what they’re trying to do, the point I’m making is it won’t hold up to any scrutiny. You need at least some sort of positive action from the other party to construe agreeing to new terms. Contracts are always two way agreements, in spite of how many consumer facing businesses would like you to believe they dictate the terms.
I like anal too
Desperate strategy they’re hoping will fool some of the people some of the time.
Trusting complete strangers with highly personal information is never a good idea. Even if they promise to take good care of it, before or after they’ve already got your money.
Not sure about other states, but in my state you can agree to mandatory arbitration for past incidents as long as they don’t do reeeeeally egregious behavior like, eg, slipping a notice into your normal bills and having you “agree” by not objecting within X days.
Olnly if you opt out of the new terms, at least in us.IANAL of course
Poor reporting, as ever. As people have pointed out, you cannot disclaim away the Law. No one can.
If you did a bungee jump, and you sign any kind of waiver, it might protect the company if your glasses fall off and smash. It will not protect them if the rope snaps and break your head.
Lawyer here: this isn’t necessarily correct and in America it’s state dependent. There are absolutely parts of the law you can waive, including negligence of a party which is likely your bungee jumping scenario with the rope snapping.
Well, I yield to your experience and training , !
That’s what the helmet is for.
Silly lemmer, you can’t protect your head with paper. You gotta use a helmet. Psh
My understanding is that when signing a liability waiver, first the acknowledgement of risk happens, and then the release of liability. State by state it can be a little bit different for releasing liability, depending on the interpretation. I looked up where I live, and that liability waiver isn’t upheld if one can prove damages (possibly death, in which case someone has to sue upon my lifeless corpse) caused by intentional recklessness, not simply neglect.
It would be interesting to look into some cases. My statement was based on not being able to disclaim negligence at all.
PSA: you can request deletion of your 23andMe account. It won’t do anything for this past hack, but it’ll at least prevent your data from being included in future hacks (assuming they actually completely delete your data like they’re supposed to).
They didn’t.
They just made it so you couldn’t see it anymore.
Why would you this wasn’t even a hack for my understanding?
It was a password stuffing attack. Meaning that a bunch of users with reused crappy passwords had their accounts accessed with their legitimate passwords by attackers.
I’m not sure why this reflects horribly on the company in a way that would encourage one to delete their account?
This would be like leaving the key to your apartment in a public place and then complaining about your landlords terrible security when someone accesses your house when you’re not there.
One thing to note: the email says to send [email protected] an email to opt out while the updated ToS say to email [email protected].
I feel like ToS changes should require the user to accept before being enforceable with no right to suspend the user’s account if they don’t and when it comes to data it should only apply to data the user shared after the changes…
pretty sure ToS aren’t enforceable, it’s just that it’s costly to challenge them.
