Many software products and Internet services require that users agree to an EULA or terms of service agreement before the product or service can be used. The user is often required to state that he/she has read and agrees to the terms. However, many users don't even read the terms and blindly agree to the contract.
Does the user of the product or service risk liability solely because the user falsely claimed he/she read the agreement, even if the contract is never breached? Can the company providing the product or service take legal action on this cause alone?