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23andMe frantically changed its terms of service to prevent hacked customers from suing
(www.engadget.com)
this post was submitted on 10 Dec 2023
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Which is to say, entirely unenforceable. TOS don't hold up in court, but it requires time and money to get to court.
That's exactly what they're trying to do, the point I'm making is it won't hold up to any scrutiny. You need at least some sort of positive action from the other party to construe agreeing to new terms. Contracts are always two way agreements, in spite of how many consumer facing businesses would like you to believe they dictate the terms.