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May 12, 2018 at 0:41 comment added Wildcard Hmmm, okay, I've reread the terms and I see what you mean. It seems pretty far-fetched, but I'd be interested in a lawyer's commentary about the plausibility of such a scenario. Not interested enough to post about it on Law SE myself, but I would upvote such a post and read the answers with interest. :)
May 12, 2018 at 0:33 comment added hmakholm left over Monica @Wildcard: That's not how I read the ToS, and not something I can see as a plausible meaning of what the ToS says. (As for the parenthesis, courts in the US consider agreements to arbitrate to strip them of authority to consider whether the arbitration result is right or not. As long as the initial agreement is valid, whatever the arbitrator decides is what the court must enforce).
May 12, 2018 at 0:30 comment added Wildcard IANAL, but as I understand it this is a restriction against the plaintiff only regardless of which party that is. So if they attacked you, you could still tell them, I don't want arbitration; take me to court instead. (Which is, of course, what they would have to do anyway if you didn't abide by the arbitration decision. Right?)
May 11, 2018 at 14:07 comment added hmakholm left over Monica @Catija: The arbiter is a company that Stack Exchange has unilaterally selected, and which wants Stack Exchange's repeat business. Perhaps you get to give some token input on which of that company's employees is going to sign the award against you, but they all have an interest in ruling for SE and no interest in ruling for you. Given that SE pays their salary, it is impossible for them to be neutral, however much they may pretend to be.
May 11, 2018 at 14:05 comment added Catija How is the arbiter beholden to Stack Exchange? Point two above specifically says, "The arbitrator(s) must be neutral, and the consumer must have a reasonable opportunity to participate in the process of choosing the arbitrator(s)." If the consumer helps choose the arbiter, and the arbiter is required to be neutral... Please help me understand your concern. Can you edit your answer to address this specifically?
May 11, 2018 at 14:01 history edited hmakholm left over Monica CC BY-SA 4.0
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May 11, 2018 at 12:09 history edited hmakholm left over Monica CC BY-SA 4.0
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May 11, 2018 at 11:50 history edited hmakholm left over Monica CC BY-SA 4.0
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May 11, 2018 at 11:40 history answered hmakholm left over Monica CC BY-SA 4.0