[reitzensteinm]

Just tried it without the checkbox ticked, and it does appear to be mandatory.

"You must read and agree to the JustFab VIP Membership Terms of Service."

Which makes sense - I bet they're making a killing on zombie subscription fees and little on legitimate users.

[raphman]

And there does not seem to be any opt-out option in the profile settings (at least not without having completed checkout).

[robryan]

Even that line which you say comes up when you don't check the box is likely to be misread by users who are used to having to check a terms of service box on most of everything.