>>I'm not sure why you think this is a compelling argument. In the unlikely event that CL's TOS was found unenforceable, CL would simply adjust them to comply with the courts.
Such changes would not be enforceable retroactively, meaning they could not be used in the current lawsuit. CL would essentially need to file a brand new lawsuit, which is both costly and time-consuming.
Such changes would not be enforceable retroactively, meaning they could not be used in the current lawsuit. CL would essentially need to file a brand new lawsuit, which is both costly and time-consuming.