Internet Terms of Service, Rights or Wrongs?

I recently took my Honda Civic Hybrid to the local dealership to have the recalled airbag deployment mechanism replaced. The smiling customer service man handed me a paper to sign for the work that detailed what I was authorizing them to do and all estimated costs. Just below the signature line were the words “Signator agrees to Terms of Service on reverse”. I turned the paper over. Blank. Apologetically I handed the paper back. “I’m sorry. I can’t sign this without reading the Terms of Service and you haven’t given them to me.” To his credit, the gentleman was both surprised and equally apologetic. Says he, “No one’s every pointed that out to me before or asked to see the Terms of Service. I’ll see if I can find a copy.”

I went ahead and signed anyway because I was in a hurry and there was no charge for the recall work. But what if that missing fine print contains a waiver of all liability for the quality of the dealer’s workmanship? Should the shop fail to install the new airbag properly resulting in my death or injury in an accident I (or my family) will not be able to hold the shop responsible in court. If the Terms contain a binding arbitration clause we won’t have the right to a trial. We’ve consented to the “rent-a-judge” system.

The situation is even worse when the Service in question is on the Internet. I recently visited the  x.ai website to see whether I wanted to try out their artificially intelligent meeting scheduling algorithm that masquerades as a human personality addressed as “Amy” or “Andrew”, depending on your gender preference. Any use of the site, including their free trial, implies, by default, that you have agreed to their Terms of Service.

I read the Terms and most of it seems innocuous enough…except this:

These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Site and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of this Site and related services after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of this Site and related services with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on this service. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

Now, I’m not a lawyer but I can read English. To me, the second sentence gives the company a totally blank check. The company can revise our contract whenever it wants without notifying me or in any way securing my consent. I don’t even have to understand what I’m agreeing to. What’s to prevent x.ai (by the way, who are they? Is it a company, a corporation, an LLC, an individual?) from adding a $500 fee to each meeting it schedules and sending me a huge bill after the end of the month?

Don’t get me wrong. I have no reason to suspect nefarious intentions of the people behind x.ai. I’m just using my own recent experience to highlight a blind spot most of us have when we go about our business — in the physical world and on the web. We are too busy (not to mention too lazy or too poorly educated) to pay attention to the legal agreements we enter into almost daily. We leave our cars in parking garages without reading the disclaimer on the back of the ticket, we transfer money using our smartphones, we check into the emergency room at the hospital, we download an app onto our computer, and almost never do we question the rights and responsibilities we are taking on or giving up.

Most of the time there is no problem. We complete our intended task and go on to the next. Occasionally there’s a glitch and we want our money back or need a different size or have to cancel the contract. Most of the time the other party accommodates us. But sometimes s/he doesn’t and a dispute arises. That’s when the Terms and Conditions that we didn’t bother to read come back to bite us in the behind.

I wish I had a solution to this problem. One approach may be for consumers to present their own Terms and Conditions agreements to purveyors of goods and services. My personal decision is not to use most of what is offered because I can’t agree to the conditions. The situation makes me feel powerless and angry. I understand that companies are just acting to protect themselves. But they can afford lawyers and most of us can’t. So I read the fine print, pass up opportunities and explain my position ad nauseam to sale reps and customer service agents. I know they can’t fix it but maybe their supervisors will pass the message up the chain of command. Maybe if we all did this, and blogged, and complained, and stood in the lobby of the car dealership explaining that none of the other customers should sign this paper…no wonder people call me a dreamer.