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by DenisM
3068 days ago
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Your hypothetical deal with Apple will get thrown out of court for two reasons: - It's lop-sided, as in they get something for nothing, comparatively speaking. Courts don't see such contracts to be valid. - It's understood that users mostly don't read ToS, and instead rely on their general understanding of what ToS may contain, plus or minus some deviation. Anything that's way outside reasonable deviations fails the "meeting of the minds" test, and is also held invalid. The shareholder agreement is a different matter. The investor most certainly is expected to read the agreement, and they do. And both parties are exchanging plausibly valuable things - stock for money. I'm not a lawyer, this is not a legal advice. Seek professional advice before taking any action based on what you read. |
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