Message from @D Two Hands

Discord ID: 642073700241506305


2019-11-07 18:47:45 UTC  

It was clickbait, he spent the first half talking like a cuck about Pepe and then breaking down into incredulity when getting to the OK symbol

2019-11-07 18:47:54 UTC  

Literal boomers*

2019-11-07 18:48:10 UTC  

like Daddy Bush

2019-11-07 18:48:22 UTC  

And thats not even getting into H Walker Bush and what his CIA did to this nation

2019-11-07 18:48:38 UTC  

> fuckers... what gives them the right to specify their OWN statute of limitations?

@ManAnimal That's pretty standard, actually. Look through other ToS and they have something to the effect of: "Action must be taken within X years of whatever" and you agree to it when you sign.

Contract is the highest form of manmade law. "To one consenting, no injury is done." ~ Legal Maxim

2019-11-07 18:48:45 UTC  

lol; we think alike @D Two Hands

2019-11-07 18:49:09 UTC  

yes, yes. i know the theory

2019-11-07 18:49:31 UTC  

> "Severance : If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms."

Severance is basically boilerplate. It basically means that if part of this contract fails, it doesn't mean the whole thing fails.

2019-11-07 18:49:42 UTC  

Good to know some people still get it. Most people my age think im talking about Dubya whenever i screetch about Bush

2019-11-07 18:49:49 UTC  

so why can't you do that in say a home improvement contract and why isn't such a clause standard in EVERY contract?

2019-11-07 18:49:58 UTC  

something doesn't add up

2019-11-07 18:50:13 UTC  

So far as I know, you can

2019-11-07 18:50:19 UTC  

if you could do that legally, everyone would do it as a matter of course

2019-11-07 18:50:23 UTC  

Whether you're smart enough to include that is another matter

2019-11-07 18:50:28 UTC  

and i know for a fact they don't

2019-11-07 18:50:43 UTC  

it's not a matter of 'being smart enough'

2019-11-07 18:50:51 UTC  

Short of committing a crime, you can contract to do pretty much anything.

2019-11-07 18:50:57 UTC  

that is what corporate lawyers get paid the big bucks for

2019-11-07 18:51:10 UTC  

again, that doesn't add up

2019-11-07 18:51:26 UTC  

i also know that credit card companies cannot do this either

2019-11-07 18:51:39 UTC  

Ive had those clauses in renters agreements before. It may be a tort thing where you can be disqualified from using such a clause? I know tech in general uses all kinds of legal loopholes to avoid culpability for various user behaviors

2019-11-07 18:51:53 UTC  

in fact, currently, the way credit card companies operate is 'pseudo-legal'

2019-11-07 18:52:25 UTC  

that is my point too @D Two Hands, it's either tort or contract

2019-11-07 18:52:28 UTC  

can't be both

2019-11-07 18:52:35 UTC  

The only reason I can think of why severability might be excluded from a home improvement contract is cuz of liability. If part of the project fails, it could damage the structural integrity of the whole. Again, so far as I know, there's nothing stopping a severability clause, but if there is, that could be the reason.

2019-11-07 18:53:14 UTC  

yt TOS is trying to play both sides; tort AND contract

2019-11-07 18:53:14 UTC  

Pretty much the entirety of law boils down to liability and who is responsible for what

2019-11-07 18:53:17 UTC  

Lets be honest though, most companies are only operating psuedo-legally. Everyone has the "official manual" and "how we actually do things manual" so to say

2019-11-07 18:53:25 UTC  

Contract > tort

2019-11-07 18:53:43 UTC  

true, but the same document cannot cover both

2019-11-07 18:54:04 UTC  

further, without a pen and ink signature..

2019-11-07 18:54:08 UTC  

that tos isn't shit

2019-11-07 18:54:24 UTC  

False

2019-11-07 18:54:34 UTC  

Is there not precedent for clicks being a signatory substitute?

2019-11-07 18:54:36 UTC  

electronic signatures are only valid for limited types of agreements

2019-11-07 18:55:11 UTC  

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."

2019-11-07 18:55:26 UTC  

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.

2019-11-07 18:55:36 UTC  

Outward actions give rise to inward thoughts, or something along those lines.

2019-11-07 18:56:01 UTC  

you are agreeing with me

2019-11-07 18:56:03 UTC  

Electronic signatures are valid