Awesome Pete!!
Here is the follow up I keep trying to explain to the admin and others but it doesn't sink in.
YOU HAVE TO PROVE ACCEPTANCE OF THE TOS!!!!!!
Otherwise NO PART OF ANY TERMS ARE BINDING!
Last example and I quit! LOL!
PS I AGREE THE CG Should be cited as a courtesy!! ABSOLUTELY! But if anyone wanted it to be a REQUIREMENT, You'd have to prove acceptance.
Here's the WAY: (short excerpt from web site below, link last)
A great argument is the courtesy to cite images, but NOT EVERYONE is courtious, including those that make demands to cite as if they were REQUIRED. If you want them to be REQUIRED you have to MAKE THEM!
Excerpt:
According to contract law, in order for a contract to be valid, there must be an offer, consideration, and acceptance. Being able to prove your customer accepted your terms (and therefore entered a contract with you) will determine whether or not your Terms and Conditions are enforceable.
If your customer did not (or did not need to) accept your terms before using your site, purchasing your product, or using your software, they are not bound by your Terms and Conditions. If they did not accept, then your business will not be able to enforce any of the clauses within your agreement, including, for example, your clause to compel arbitration.
With clickwrap agreements, users can manifest assent to your website’s Terms of Service by clicking a button or checking a box attached with your agreement. The design of the page can determine whether the user was on actual or constructive notice, but you will also need back-end records that prove that an individual customer accepted a specific version of your Terms of Service during a particular transaction. This means maintaining back end records that track versions, dates, IP addresses, device details, etc.
Web Site: https://ironcladapp.com/journal/contracts/terms-and-conditions-legally-binding/
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