On Friday 04 June 2004 10:42 am, Derek Neighbors wrote:
> > You can't hold a community accountable for a bad patch.
>
> You can't hold the company accountable either. Read their EULA. Almost
> every vendor has a "not liable" clause.
>
Though this is true, such a clause (referred to as a 'indemnity clause') is
usually legally tenuous.
If it was fully enforceable, I would hang a sign on my car that said "By
driving near me, you hereby absolve this car and its driver for any and all
damages resulting from, or in the process of, driving into you."
Now, its not complete wind-bagging, it does provide a level of protection from
things that may or may not, or definately are not the fault of the company.
It basically puts the impetus on the consumer to prove that the company
screwed up. Once you prove negligence of forethought, you're on the right
track for proceeding.
I'm not a lawyer, never have been, haven't entertained the thought since I was
about 10 or so, but I have watched a lot of Law & Order and I talk to our
corporate attorneys all the time about different contracts and things. That
is the same indication about its enforceability as I quoted above that I was
given by our lawyers.
Kyle Faber
EMR Internet
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