Say I buy a physical product secondhand from an individual for cash, with no particular terms attached to the transaction.
Then, say I visit the manufacturer's web site, and encounter a terms of service contract offer for the product I already own. It designates using the product as an action that I could take to agree to the contract.
Would I now be agreeing to this contract offer if I use the thing I bought? Or is using a thing I bought from a third party not an action that someone would reasonably think indicates agreement to a contract offer from its manufacturer?
This is different from this question, because in this case the product has already been previously used, and was purchased without any accompanying box or manual or little packaging insert offering a contract. The seller might have breached a contract with the manufacturer by selling me the product without anything to make me form a contract with the manufacturer, but presumably that is between them.