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.
Brunbrun6766@lemmy.world 6 months ago
Well, that’s not how terms of service work. You can still sue
thefartographer@lemm.ee 6 months ago
Previous rulings such as Rubber v Glue and Face v Hand make this look like a really strong strategy
TWeaK@lemm.ee 6 months ago
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.
kalkulat@lemmy.world 6 months ago
Desperate strategy they’re hoping will fool some of the people some of the time.
butwhyishischinabook@lemmy.world 6 months ago
Not sure about other states, but in my states you can agree to mandatory arbitration for past incidents.
be_gt@lemmy.world 6 months ago
Olnly if you opt out of the new terms, at least in us
lauha@lemmy.one 6 months ago
In much of Europe, at least in EU, ToS cannot take away legal rights.
Dudewitbow@lemmy.zip 6 months ago
in order for a ToS to be legally enforcable, the user has to see it. A user cannot give consent on an agreement they did not see, therefor in court it would be 23andMes job to verify that the user was indeed aware of the ToS and acted accordingly. they could not say everyone ops in and defend themselves that way by default because not everyone that was forcibly opted in gave an agreement to the new ToS.
WHYAREWEALLCAPS@kbin.social 6 months ago
You can still sue. Whether or not the suit goes through is different story.