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Martial Arts Topics / Re: Legal issues in MA instruction
« on: October 30, 2009, 01:25:36 PM »
CD: Do you happen to be aware of any "case law" or meaningful decisions surrounding this? On a very related matter, in my industry the enforceability/binding strength of EULAS (End User Licensing Agreements) is constantly on my mind. (EULAs as I use the term are those agreements often found at the end of a website account creation or at the onset of a software installation that you must agree to by "clicking" a checkbox.) As a provider I REALLY want people to read m,y EULAs so they fully understand our terms but I have found time and time again that users often "agree" without reading. To me that consumer behavior is unacceptable. Just as we should be required to provide what we promise to provide, so should the user who agreed be required to perform according to the contract they signed.
As far as the idea suggesting user manipulation by directing them past contract language and directly to a signature line by distracting them with an "X"... my common sense finds that argument sensible and plausible.... at the very least, the "X is manipulative" argument would be used as a red herring by opposing attorneys to degrade the intent of the signer or to imply an attempt at manipulation by the contract provider..... would it not be a stronger position to be able to assert that the contract signor had to, at least, handle and read the contract in order to find the endorsement section?
Whether I agree or disagree with this is almost irrelevant though if there have been meaningful decisions made surrounding this matter.
-h
As far as the idea suggesting user manipulation by directing them past contract language and directly to a signature line by distracting them with an "X"... my common sense finds that argument sensible and plausible.... at the very least, the "X is manipulative" argument would be used as a red herring by opposing attorneys to degrade the intent of the signer or to imply an attempt at manipulation by the contract provider..... would it not be a stronger position to be able to assert that the contract signor had to, at least, handle and read the contract in order to find the endorsement section?
Whether I agree or disagree with this is almost irrelevant though if there have been meaningful decisions made surrounding this matter.
-h