this post was submitted on 07 Dec 2023
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IANAL but here's some potentially useful trivia: in Brazil this clause would be the same as used toilet paper, given that you cannot force someone to renounce the defence of their rights ahead potential future harm. In fact I predict that most governments have similar rules, if anyone wants to check it out this is called pactum de non petendo, or roughly "non-seeking pact".
Even in the US this wouldn't fly, everyone new who agrees after, probably. But those who agreed prior will be under the old TOS