17
votes
What are the limits of Terms of Service as a legal shield for a company?
TOS are contracts
By agreeing to the terms of service you are entering into a legally enforceable contract, just as binding as a contract for buying a car, taking out a mortgage, or buying a cup of ...
- 219k
12
votes
What are the limits of Terms of Service as a legal shield for a company?
Terms of service may be challenged as any other contract might be. Ordinary contract principles apply. They are also often consumer contracts of adhesion, so they may draw special scrutiny for unfair ...
- 65.8k
9
votes
What are the limits of Terms of Service as a legal shield for a company?
united-states
Here are our requirements for your participation (the TOS). At any time, we may unilaterally decide to stop serving you. If and when that happens, we may keep your money.
This is not a ...
- 5,319
8
votes
Requring a Social Membership to a golf course
Third-line forcing
australia
The covenant that you describe (even without the price hikes) is a form of exclusive dealing, commonly called third-line forcing, that is prohibited by s47(6) of the ...
- 219k
7
votes
Can two people sign a agreement without a lawyer
Yes - two people can make a contract between them and it be purely verbal or it can be memorialized in writing.
Some contracts are required to be in writing like copyright transfers and often real ...
- 13.2k
3
votes
What are the limits of Terms of Service as a legal shield for a company?
In the EU, those terms of service may well be invalid under the Unfair Contract Terms Directive, though it would take a court (ultimately the ECJ) to rule on any specific scenario.
Contract terms are ...
- 1,482
2
votes
What are the limits of Terms of Service as a legal shield for a company?
To address the other part of your question: Recall that (at least in the US) most TOS include a clause requiring binding arbitration for dispute resolution. That means almost any type of lawsuit ...
- 1,354
2
votes
What if I sign a work contract and then regret before starting? Switzerland
In Switzerland, it is very common to have some "probation time" (Probezeit), typically 3 months or so, where each party is allowed to terminate on short notice, typically 7 days or so.
After ...
- 137
1
vote
Can two people sign a agreement without a lawyer
Yes, and most contracts are agreed upon that way!
Did you ever start up a new phone, computer or installed software? Then you agreed to a contract in the shape of the EULA. You ever signed up for a ...
- 43.2k
Only top scored, non community-wiki answers of a minimum length are eligible