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by mminer237 930 days ago
The absolute limits of terms of service aren't clear, but there have been tons of cases about website/software terms of service. A quick search of Westlaw finds hundreds of reported cases in my state alone. There are certain things like binding arbitration that courts have found unconscionable to be in a clickwrap agreement[0], but generally terms of service have been found fully enforceable. There's definitely been a lot of court testing.[1]

[0]: https://www.faegredrinker.com/en/insights/publications/2022/...

[1]: https://www.goodwinlaw.com/en/insights/publications/2022/08/...

1 comments

I was repeating bad information then. Thank you for the correction!