In an email sent to customers earlier this week viewed by Engadget, the company announced that it had made updates to the “Dispute Resolution and Arbitration section” of its terms of service that would prevent customers from filing class action lawsuits.
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.