US Court of Appeals: TOS may be updated by email, use can imply consent [pdf]

Re:US Court of Appeals: TOS may be updated by email, use can... by handoflixue on Monday March 09, 2026 @12:32PM (#47311311)

Again, the previous terms allow them to terminate the previous contract, and ... hey look, they're exercising their rights, listed in the original contract, which you did in fact agree to.

If you want to continue using the services, and know about the change, then that's legally, as cited in the actual court documents in OP, an agreement to the new terms.

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Re:US Court of Appeals: TOS may be updated by email, use can... by shakna on Tuesday March 10, 2026 @04:36AM (#47320530)

> Clauses existing, have very little to do with it being enforceable.

You cannot cancel a contract for "any reason". In most jurisdictions that will be an unenforceable term.

Usage here being consent, is an unpublished ruling. It does not set precedent, it refers only to these specific circumstances, where clients sought to understand terms before choosing to continue usage.

Legally, usage with foreknowledge, is consent. Usage where you already agreed to terms implicitly, because you sought and understood them beforehand.

It will not always be an agreement to new terms.

> This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3

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Re:US Court of Appeals: TOS may be updated by email, use can... by handoflixue on Tuesday March 10, 2026 @04:51AM (#47320628)

The OP and I both explicitly cites their source for "usage + knowledge = consent", and it comes from fairly basic contract law. Are you saying this ruling cites another unpublished ruling or something?

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Re:US Court of Appeals: TOS may be updated by email, use can... by shakna on Tuesday March 10, 2026 @08:46AM (#47322532)

I quoted the article. The article itself claims to be an unpublished ruling.

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