Message from @ManAnimal
Discord ID: 642075600420339727
We learned about that when I studied law. A wet ink signature is merely EVIDENCE of consent, not consent itself. This is why electronic signatures usually have a clause to the effect of "by clicking here, you effectively consent."
Thought there was, but then the whole thing is legally grey. I know EULA is officially no longer legally binding and TOS are very similar in nature.
Outward actions give rise to inward thoughts, or something along those lines.
you are agreeing with me
Electronic signatures are valid
'evidence of consent' is correct
but that isn't BINDING
Click here to agree to this contract that gives us your mind, body, and soul : 🔲
it just creates the APPEARENCE of consent
The only time it wouldn't be binding is in the case of duress or fraud in the inducement or unconscionability or something like that
which basically describes ANY tos
there is the other caveat too; both parties must be provided a COPY of the contract for reference
an immutable copy
The court considers a signature (electronic or otherwise) to be "good enough" evidence of consent for the aforementioned reason. If you didn't really wanna do it, why'd you sign where it says "you agree"?
last time i checked, electronic contracts are not immutable
that is just the current precedence though
german officer capturing a polish jew to personally deliver them to a concentration camp
because relatively few such cases have been heard
@Marushia Dark because there's no way im reading all that garbage im not likely to fully grasp without taking a lot of time for anyway
> which basically describes ANY tos
That's a separate matter and that's more of a grey area. You could potentially argue that point that no reasonable person ACTUALLY reads the ToS, but by the same token, you ought to know with whom you deal and you still have a duty to read it. So, you're gambling with that argument.
I at least skim through ToS and just about anything I sign
and because your weren't provided a copy
and they control the only MASTER copy
they can change it when and to what they wish at will
"To be able to know is the same as to know. This maxim is applied to the duty of every one to know the law." ~ Legal Maxim
without notifying the other party
relevance?
They will argue they sent you an email, which is accepted as sufficient notice by the court
negative
@Marushia Dark which is stupid
emails are almost ALWAYS inadmissible
certified mail trumps email EVERY TIME
If they had a receipt system that'd be different
Dafuq courts have you been in, MA that all this ridiculous procedure is taking place? <:thunk:462282216467333140>
"We tried, so you knew" is bullshit, regardless of what the law states
The slow redpilling of PewDiePie is speeding up
https://youtu.be/F5QWUOAcg_Q
if i make up my own contract which is a derivative of theirs, send it by registered mail and hold onto it
in court, they get FUCKED