[shakna]

Yes [0].

> Unless the website operator can show that a consumer has actual knowledge of the agreement, an enforceable contract will be found based on an inquiry notice theory only if: (1) the website provides reasonably conspicuous notice of the terms to which the consumer will be bound; and (2) the consumer takes some action, such as clicking a button or checking a box, that unambiguously manifests his or her assent to those terms.

Its part of why changes of terms generally require you to accept them, before you can continue using a service.

Unambiguous consent, and understanding of consent, are required, as ToS fall under contract law. Which does make most ToS... Unenforceable.

[0] https://www.govinfo.gov/content/pkg/USCOURTS-cand-4_20-cv-07...

[beezlewax]

Nobody knows what they are consenting to. The law has failed us deeply in this regard.

[nitwit005]

The claim there is that they never saw the terms of service updates, and thus weren't aware of an arbitration clause, rather than terms of service generally not being valid.

[shakna]

There's more than one claim pointed out - specifically that ToS falls under contract law, which does require you agree to changes.