"Okay but the guy who goes the extra mile will get a promotion and do better in the long run."
---a guy who has always gone the extra mile, never gotten a promotion and is doing exactly the same as everyone else
There are some regulations. A contract can be ruled unconscionable by a court, which is basically saying "no one in their right mind would ever agree to this so we're not gonna enforce it". Contracts have to give both sides duties (things they have to do) and consideration (things they get for performing the duties), so no court will enforce a contract that doesn't materially benefit both sides in some way.
But I agree with you that there should be some sort of blowback to putting together purposely overreaching contracts and then counting on people not knowing their rights or not having the resources to enforce them in order to profit from an illegitimate contract.
The question isn't whether arbitration clauses are legal the question is whether selling someone something and then, after the sale, presenting them with a take it or leave it EULA that disables the product if they dont agree, and also what recourse the consumer has if they don't agree to a post-sale EULA. Brower v Gateway said that post-sale EULAs are binding but only because in that case the consumer had the option to return the product for a refund and didn't. Klocek v Gateway ruled that any terms presented after a sale represent a separate contract beyond the one that was agreed to by both parties at the time of sale. It's possible that either of these would apply to the OP. It's also possible for courts to rule that the sale of the physical TV was a one-time agreement but that this EULA is separate and represents an ongoing agreement to allow access to Roku's services.
Your comment actually circles around the issue at hand when you say that EULAs are enforceable if "...you have been granted sufficient notice to accept or decline...". The thrust of the argument is that adding conditions after the sale of an object that, if not agreed to, render the object inoperable feels an awful lot like not being given sufficient notice and is essentially a backdoor by which the contract can be unilaterally amended after agreement.
and by the time the court throws it out the TV I paid for has been disabled for months and I'm out a ton of money and time. A lot of people will just agree because defending your rights in this country is very expensive and cumbersome. They're counting on this idea.
it certainly hasn't been tested in court yet, at least not that I've been able to find. These EULAs are often just corporate wishlists and until they go in front of a judge it's difficult to know what provisions will actually stick. I hope that they don't have the ability to bait and switch EULAs but this is America, some judge somewhere might take it upon himself to protect my freedom to have my TV remotely disabled after I pay for it.
I think it's important to point out that they had a riot in Florida to stop the recount. The RNC paid for it, and they bragged about using the threat of violence to stop the recount. Google Brooks Brothers riot. In the last 30 years Republicans have had more riots to try to ignore the vote than they've had popular vote winners. The end of democracy is their only chance going forward, they know it and they're open about the fact that they're trying to make it happen.
I'm not afraid of bad faith attempts to ruin democracy as backlash from this decision because bad faith attempts to ruin democracy are coming regardless of the outcome of this particular case
Every patient takes a various amount of time y’all.
idk, from the patient's perspective my experience has been that I get three minutes of doctor time regardless of what my complaint is or even whether the doctor knows what I'm there for. "I'm feeling kinda low lately." "Here's an rx for an effexor. I'll not be explaining what it is, what it does, or any side effects to look out for. If you have any issues, such as a days long hypomanic episode that leads to you sobbing and obsessively vacuuming the floors, here's the number of someone who cares. NEXT!"
"Okay but the guy who goes the extra mile will get a promotion and do better in the long run." ---a guy who has always gone the extra mile, never gotten a promotion and is doing exactly the same as everyone else