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Terms and Conditions

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  • C Offline
    C Offline
    charlieg
    wrote on last edited by
    #1

    How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

    Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

    OriginalGriffO L M G M 12 Replies Last reply
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    • C charlieg

      How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

      Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

      OriginalGriffO Offline
      OriginalGriffO Offline
      OriginalGriff
      wrote on last edited by
      #2

      Where did you find that?

      You looking for sympathy? You'll find it in the dictionary, between sympathomimetic and sympatric (Page 1788, if it helps)

      "I have no idea what I did, but I'm taking full credit for it." - ThisOldTony
      "Common sense is so rare these days, it should be classified as a super power" - Random T-shirt

      L 1 Reply Last reply
      0
      • C charlieg

        How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

        Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

        L Offline
        L Offline
        Lost User
        wrote on last edited by
        #3

        That's a good trick. The ToC equivalent of a blank cheque. Next month: XII. as a user, I agree to sacrifice my immortal soul to Lord Lucifer.

        Sander RosselS L B 3 Replies Last reply
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        • OriginalGriffO OriginalGriff

          Where did you find that?

          You looking for sympathy? You'll find it in the dictionary, between sympathomimetic and sympatric (Page 1788, if it helps)

          L Offline
          L Offline
          Lost User
          wrote on last edited by
          #4

          armslist.com

          OriginalGriffO C 2 Replies Last reply
          0
          • L Lost User

            armslist.com

            OriginalGriffO Offline
            OriginalGriffO Offline
            OriginalGriff
            wrote on last edited by
            #5

            ...and then I clicked "I do not agree". And it's a site I won't go back to.

            You looking for sympathy? You'll find it in the dictionary, between sympathomimetic and sympatric (Page 1788, if it helps)

            "I have no idea what I did, but I'm taking full credit for it." - ThisOldTony
            "Common sense is so rare these days, it should be classified as a super power" - Random T-shirt

            1 Reply Last reply
            0
            • C charlieg

              How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

              Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

              M Offline
              M Offline
              Mike Hankey
              wrote on last edited by
              #6

              I've tried to read a couple of times but ADD and lack of lawyerese prevent me from getting anything out of them. I believe they make them that way so the average Joe won't take the time and they can pretty much do anything they want and you'll never know. Now if they they were truthful this would be there Terms and COnditions; We can do whatever we want, when we want without your knowledge or permission and if we don't like these terms we can change them anytime we want. Now that I can understand!

              Have you ever just looked at someone and knew the wheel was turning but the hamster was dead? Trying to understand the behavior of some people is like trying to smell the color 9. I'm not crazy, my reality is just different than yours!

              L 1 Reply Last reply
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              • C charlieg

                How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

                Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

                G Offline
                G Offline
                GuyThiebaut
                wrote on last edited by
                #7

                Certainly with regards to employment contracts I read and try to understand every word, asking questions if I don't. One sunshine of a job had a section detailing how any training provided would have to be paid back if you left within a given time of having received the training, as well as needing to notify in advance of taking leave for the death of a close relative! Generally my experience is that the contract can be a good indicator of the culture of a place - the more akin to the manifesto of a fascist party the more cautious you should be of accepting the contract/job.

                “That which can be asserted without evidence, can be dismissed without evidence.”

                ― Christopher Hitchens

                1 Reply Last reply
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                • C charlieg

                  How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

                  Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

                  M Offline
                  M Offline
                  M dHatter
                  wrote on last edited by
                  #8

                  How about if we implant you with a rfid pdf reader :-\

                                 .'\\   /\`.
                               .'.-.\`-'.-.\`.
                          ...\_:   .-. .-.   :\_...
                        .'    '-.(o ) (o ).-'    \`.
                       :  \_    \_ \_\`~(\_)~\`\_ \_    \_  :
                      :  /:   ' .-=\_   \_=-. \`   ;\\  :
                      :   :|-..\_  '     \`  \_..-|:   :
                       :   \`:| |\`:-:-.-:-:'| |:'   :
                        \`.   \`.| | | | | | |.'   .'
                          \`.   \`-:\_| | |\_:-'   .'
                            \`-.\_   \`\`\`\`    \_.-'
                                \`\`-------'/xml>
                  
                  1 Reply Last reply
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                  • L Lost User

                    armslist.com

                    C Offline
                    C Offline
                    charlieg
                    wrote on last edited by
                    #9

                    ooo, I've been googled. I just wonder how many site owners (seriously, Armslist.com owners know web development?) just google for "stupid terms and conditions" and post it.

                    Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

                    1 Reply Last reply
                    0
                    • C charlieg

                      How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

                      Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

                      L Offline
                      L Offline
                      Lost User
                      wrote on last edited by
                      #10

                      It's not the first time I see the phrase, and it is not dubious, it is plain nonsense.

                      Bastard Programmer from Hell :suss: If you can't read my code, try converting it here[^]

                      1 Reply Last reply
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                      • L Lost User

                        That's a good trick. The ToC equivalent of a blank cheque. Next month: XII. as a user, I agree to sacrifice my immortal soul to Lord Lucifer.

                        Sander RosselS Offline
                        Sander RosselS Offline
                        Sander Rossel
                        wrote on last edited by
                        #11

                        harold aptroot wrote:

                        as a user, I agree to sacrifice my immortal soul to Lord Lucifer.

                        I think we'd all like to help users with that from time to time! :laugh:

                        It's an OO world.

                        public class SanderRossel : Lazy<Person>
                        {
                        public void DoWork()
                        {
                        throw new NotSupportedException();
                        }
                        }

                        1 Reply Last reply
                        0
                        • C charlieg

                          How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

                          Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

                          Sander RosselS Offline
                          Sander RosselS Offline
                          Sander Rossel
                          wrote on last edited by
                          #12

                          Dubious contracts can always be overruled by a judge. For example, I recently heard a story about a guy who left his job. His old contract stated he could not work for competitors for at least two years after resignation. He needed a new job though, so he found work... For a competitor. I believe this was a good few months later. Old employer sued, but the judge decided that the man needed a job and this was what he did for a living. So there went the contract... (And rightfully so I think, two years is a looong time!).

                          It's an OO world.

                          public class SanderRossel : Lazy<Person>
                          {
                          public void DoWork()
                          {
                          throw new NotSupportedException();
                          }
                          }

                          C 9 P 3 Replies Last reply
                          0
                          • Sander RosselS Sander Rossel

                            Dubious contracts can always be overruled by a judge. For example, I recently heard a story about a guy who left his job. His old contract stated he could not work for competitors for at least two years after resignation. He needed a new job though, so he found work... For a competitor. I believe this was a good few months later. Old employer sued, but the judge decided that the man needed a job and this was what he did for a living. So there went the contract... (And rightfully so I think, two years is a looong time!).

                            It's an OO world.

                            public class SanderRossel : Lazy<Person>
                            {
                            public void DoWork()
                            {
                            throw new NotSupportedException();
                            }
                            }

                            C Offline
                            C Offline
                            charlieg
                            wrote on last edited by
                            #13

                            Especially when you are a grunt. I suppose if your are uber-senior it might be different.... but these "agreements" are a pile of hooey. Both sides of the contract / agreement have to have money involved. You want a no-compete for 2 years? Guess what sunshine, you agree to pay me 2 years salary.

                            Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

                            1 Reply Last reply
                            0
                            • C charlieg

                              How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

                              Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

                              M Offline
                              M Offline
                              Mark_Wallace
                              wrote on last edited by
                              #14

                              The way terms and conditions are dealt with for software has made them virtually unenforceable, anyway -- the fact that major points are not made clear to buyers before they purchase software invalidates most of the cr@p that idiots add thinking "It's in the ToS, so it's LAW!" There have been many, many cases where ridiculous terms have been declared unlawful by courts (you're not allowed to jailbreak your iphone, eh?). The formula is something like this:

                              OverblownEgo + (LackOfLegalTraining AND/OR CompleteDisdainForCustomers) => PatheticallyUnenforceableTermsAndConditions

                              I wanna be a eunuchs developer! Pass me a bread knife!

                              1 Reply Last reply
                              0
                              • Sander RosselS Sander Rossel

                                Dubious contracts can always be overruled by a judge. For example, I recently heard a story about a guy who left his job. His old contract stated he could not work for competitors for at least two years after resignation. He needed a new job though, so he found work... For a competitor. I believe this was a good few months later. Old employer sued, but the judge decided that the man needed a job and this was what he did for a living. So there went the contract... (And rightfully so I think, two years is a looong time!).

                                It's an OO world.

                                public class SanderRossel : Lazy<Person>
                                {
                                public void DoWork()
                                {
                                throw new NotSupportedException();
                                }
                                }

                                9 Offline
                                9 Offline
                                9082365
                                wrote on last edited by
                                #15

                                In the UK dubious contracts are automatically voided under the Unfair Contract Terms Act.

                                1 Reply Last reply
                                0
                                • C charlieg

                                  How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

                                  Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

                                  S Offline
                                  S Offline
                                  Simon ORiordan from UK
                                  wrote on last edited by
                                  #16

                                  Terms And Conditions - by reading this you are giving us permission to use brain-to-brain linkage to operate your eyes. Tinfoil hat wearing may void warranty. :laugh:

                                  1 Reply Last reply
                                  0
                                  • Sander RosselS Sander Rossel

                                    Dubious contracts can always be overruled by a judge. For example, I recently heard a story about a guy who left his job. His old contract stated he could not work for competitors for at least two years after resignation. He needed a new job though, so he found work... For a competitor. I believe this was a good few months later. Old employer sued, but the judge decided that the man needed a job and this was what he did for a living. So there went the contract... (And rightfully so I think, two years is a looong time!).

                                    It's an OO world.

                                    public class SanderRossel : Lazy<Person>
                                    {
                                    public void DoWork()
                                    {
                                    throw new NotSupportedException();
                                    }
                                    }

                                    P Offline
                                    P Offline
                                    Peter R Fletcher
                                    wrote on last edited by
                                    #17

                                    Yes, non-compete clauses have to be written very carefully, and quite narrowly, to be enforceable. Courts will generally require that both the time and the extent of the prohibited employment be reasonable. Guidelines I have read suggest that a duration of more than about 6 months is likely to be enforced only in very unusual circumstances. Similarly, prohibiting employment in a substantially identical position for a direct competitor in the same immediate geographical area will probably stand up; prohibiting any employment in the same industry anywhere in the country certainly wouldn't.

                                    1 Reply Last reply
                                    0
                                    • L Lost User

                                      That's a good trick. The ToC equivalent of a blank cheque. Next month: XII. as a user, I agree to sacrifice my immortal soul to Lord Lucifer.

                                      L Offline
                                      L Offline
                                      Lost User
                                      wrote on last edited by
                                      #18

                                      harold aptroot wrote:

                                      I agree to sacrifice my immortal soul to Lord Lucifer.

                                      Ah, he's a Lord now just like Lord Sugar, eh? That's nice.

                                      How do you know so much about swallows? Well, you have to know these things when you're a king, you know.

                                      1 Reply Last reply
                                      0
                                      • C charlieg

                                        How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

                                        Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

                                        R Offline
                                        R Offline
                                        RichardGrimmer
                                        wrote on last edited by
                                        #19

                                        You should watch the documentary "Terms and conditions may apply" (currently on UK Netflix) - scary stuff...but fun when they doorstep Zuckerberg

                                        C# has already designed away most of the tedium of C++.

                                        1 Reply Last reply
                                        0
                                        • C charlieg

                                          How many of you actually read them? Now, I only took one contract law class in college, but this seems VERY dubious to me: XI. may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions. This cannot reasonably be considered a contract.

                                          Charlie Gilley Stuck in a dysfunctional matrix from which I must escape... "Where liberty dwells, there is my country." B. Franklin, 1783 “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” BF, 1759

                                          K Offline
                                          K Offline
                                          KP Lee
                                          wrote on last edited by
                                          #20

                                          I remember when buying my last house I signed a code, covenants, and restrictions agreement. Among the terms was the committee was responsible for maintaining common areas. After a year of waiting I started working on it. Ten years later the committee removed that covenant without asking me, then they came to me about a covenants restriction I wasn't obeying. I told them I'll continue paying the yearly dues even though our agreement became null and void the second they changed the agreement without getting me to sign the change of terms. They lost the right to tell me anything I have to do because of that agreement and we can let lawyers determine if I'm wrong or not. Never heard back from them about my "violation". "Your" agreement seems like an agreement to let them build a back-door into your computer and make any change to any software they want without your knowledge or consent.

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