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Is a TOS a contract once agreed to?


Contracts still don't allow you to brake laws including anti-marked manipulation regulations.

But besides that in many countries (idk. about the US) TOS are quite more limited in what they can contain then "normal" contracts. E.g. if you write in that the user agreeing to it must allow the company to buy their house (if they have one) for marked value anytime the company wants would be not legal, but could be legal in a contract. (And could also be non-legal in a contract under some circumstances).

Anyway it's widespread and common for TOS to contain non-legal clauses which due to the way a TOS is made are as if they are not written in there (i.e. they just invalidate themself not the whole contract).

So in the end the question is:

- Is it directly against a law/regulation, in which case TOS doesn't help at all.

- Or if it's not against law per-see is it still not legal because it's in the TOS and due to <enter TOS related laws> not legal binding (I wouldn't put hope into this in the US, but I don't know US law wrt. this aspect).


> Is a TOS a contract once agreed to?

A contract is only valid if its clauses are legal. TOS are regularly deemed invalid by regulators/courts and contracts made void. Ask the EU and their huge fines on FAANGS...




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