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Most companies maintain pretty extensive analytics data - would a court consider whether or not a given user ever even actually looked at the ToS as some kind of objective proof that they couldn't have possibly agreed with it? Or say the user visited the ToS page, but only for 30 seconds - that is, not long enough that reading the entire ToS is within the realm of human possibility?



Some terms forms require you to scroll to the bottom, but they don't need to. Clicking "I agree" is good enough for you to be bound by the agreement.




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